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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMARINDER SINGH GREWAL
Bhajno Alias Bhajo – Appellant
Versus
Harbans Singh (Since Deceased) Through Lrs – Respondent
JUDGMENT :
Amarinder Singh Grewal, J.
The plaintiff is the appellant before this Court challenging the judgment and decree dated 12.10.1992 passed by the learned 1st Appellate Court whereby the judgment and decree dated 05.06.1987 passed by the learned trial Court decreeing the suit of the appellant-plaintiff has been reversed and while allowing the appeal of the respondents-defendants, the suit was dismissed.
2. For the sake of convenience, parties are being referred to in terms of their status before the learned trial Court.
3. In brief, the facts are that plaintiff had filed a suit for declaration regarding suit property as detailed in the head note of the plaint, situated in village Bathe Bhaini, Tehsil Patti, District Amritsar to the effect that the plaintiff is in possession of 1/5th share of land qua the share of Tarlochan Singh son of Sh. Sadhu Singh on the basis of registered Will dated 31.03.1981 and defendants No.1 and 2 are owners of 1/5th share and defendants No.3 to 5 are owners of 3/5th share in the estate of Tarlochan Singh, with the consequential relief of permanent injunction with the direction that defendants No.1 and 4 should not dispossess the plaintiff and further
Determination of Will validity requires adherence to statutory conditions, burden of proof lies with the challenger; possession claims alone do not supersede validly executed instruments.
A will's validity must be proven beyond suspicion, especially when claims of fraud or undue influence arise; the burden of proof lies on the party benefiting from the will under suspicious circumstan....
The propounder of a Will must prove its execution and attestation in accordance with law, and any suspicious circumstances surrounding the Will must be dispelled for it to be considered valid.
Proof of execution of Will – There can be no interference to Will which stands proved unequivocally.
The propounder of a Will must dispel any suspicious circumstances surrounding its execution to establish its validity.
The main legal point established in the judgment is the fulfillment of legal requirements for proving a Will and the production of sufficient evidence to remove suspicious circumstances, thereby upho....
The execution of a will must strictly adhere to statutory requirements, including valid attestation by witnesses, and mere registration does not suffice to validate a will in the presence of suspicio....
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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