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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Purshotam Kumar Sharma – Appellant
Versus
Hanuman (Since Deceased) Through His Lrs – Respondent
JUDGMENT :
Pankaj Jain, J.
Both the plaintiffs have filed separate appeals.
2. During arguments, senior counsel submitted that he does not wish to press RSA No. 876 of 2024 at the behest of plaintiff No.2. The same is ordered to be dismissed as not pressed.
3. RSA No. 839 of 2024 is at the behest of plaintiff No.l Purshotam Kumar Sharma @ Purshotam Kumar.
4. Plaintiffs filed suit seeking decree of declaration to the effect that they are owners to the extent of l/7th share in the suit land as described in the plaint with the further prayer for decree of perpetual injunction seeking restrain against defendants from interfering in the use and possession of suit land by the plaintiffs and further restraining defendants from alienating or creating charge in any manner over the suit property qua share of deceased Santra @ Santra Devi and Madan Lal. In alternate, the plaintiffs prayed for decree of joint possession in case they are not found to be in possession over the suit land. The dispute relates to the estate inherited by Santra after the death of her husband Jagdish and son Madan Lal. Plaintiff No.2-Prem Lata joined suit claiming herself to be widow of Madan Lal-deceased son of Santra. H
The burden of proof for validating the execution of a Will rests with the propounder, necessitating unimpeachable evidence to satisfy judicial conscience.
(1) Proof of execution of Will – Mere nomenclature of a person in Will as an Identifier is not sufficient to hold that Will was not attested by two witnesses.(2) High Courts should restrain itself fr....
A proponent of a Will must dispel any suspicious circumstances surrounding its execution; mere assertion is insufficient to establish validity.
A will can be proved through secondary evidence when attesting witnesses are unavailable, provided the statutory requirements for execution are met.
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.
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