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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Lovleen Bihal – Appellant
Versus
Ravinder Bihal – Respondent
| Table of Content |
|---|
| 1. dispute arises from conflicting wills. (Para 3 , 4) |
| 2. court ruled the later will valid, confirming ownership. (Para 6) |
| 3. counsel argued questioning the will's execution credibility. (Para 7 , 8) |
| 4. evidence supports the validity of the late will. (Para 9 , 10 , 11) |
| 5. the appeal was ultimately dismissed due to lack of merit. (Para 12 , 13) |
JUDGMENT :
Deepak Gupta, J.
Suit for declaration filed by the plaintiff-Lovleen Bihal (appellant herein) regarding the property in dispute was dismissed by the trial Court on 09.01.2023. Appeal filed by the said plaintiff was dismissed by the First Appellate Court on 20.12.2023.
2. Against the abovesaid concurrent findings, the present Regular Second Appeal has been filed by the plaintiff.
3. Subject matter of dispute is a house situated at Guru Nanak Pura, Tehsil Phagwara, District Kapurthala detailed and described in the head note of the plaint, which was admittedly owned by Smt. Kulwant Kaur. Plaintiff-Lovleen Bihal, defendant No.3-Neelam Rani and defendant No.4-Renu Bala are the daughters; and defendant No.1-Ravinder Bihal is the son of said Smt. Kulwant Kaur. Defendant No.2-Sarwan Singh is the devar (brother-in-law) of Smt. Kulwa
The latest executed Will prevails in determining property ownership; validity must be substantiated by evidence of execution.
The court affirmed that the burden of proof lies with the claimant to establish the validity of a Will, which was not met by the appellant in this case.
The validity of a will is undermined when it is executed under suspicious circumstances, necessitating the propounder to dispel these doubts for the document to be accepted legally.
A Will's validity hinges on proper execution and attestation; one attesting witness's testimony can suffice to establish its legitimacy.
A Will's validity hinges on proving its proper execution and attestation; mere failure to favor certain heirs does not indicate suspicious circumstances.
The court ruled that a registered Will has precedence over an unregistered, disputed Will, particularly when substantial doubts exist regarding the latter's authenticity.
The propounder of a Will must prove its valid execution, including proper attestation by two witnesses as mandated by law.
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