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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMARINDER SINGH GREWAL
Sis Pal – Appellant
Versus
Lado (Since Deceased) Through Lrs. – Respondent
JUDGMENT :
Amarinder Singh Grewal, J.
The defendant is the appellant before this Court challenging the impugned judgment and decree dated 30.03.1989 whereby the appeal preferred by the plaintiff-Lado against the judgment and decree passed by the learned trial Court dated 29.10.1988 dismissing her suit, was allowed and the suit was decreed by the learned 1st Appellate Court while declaring the adoption deed dated 08.03.1985 Ex.D1 and Will dated 08.03.1985 Ex.D2 as illegal, void and not binding upon her.
2. For the sake of convenience, the parties shall be referred to in terms of their status before the learned trial Court.
3. In brief, the facts are that husband of the plaintiff namely Ram Pat son of Ram Nath was owner in possession of the properties as detailed in para No.1 of the plaint. He died issueless on 01.04.1985. Before his death, he remained ill for about four months and was not having sound disposing mind during the aforesaid period. The defendant on the basis of false and fictitious adoption deed Ex.D1 and Will Ex.D2 alleged to have been executed by husband of the plaintiff succeeded in getting the mutation bearing Nos.4094, 495 and 1073 with respect to some of the land in h
The propounder of a Will must dispel any raised suspicions and prove its validity, or it may be declared invalid.
Will – Mode of proving Will does not ordinarily differ from that of any other document except as to special requirement of attestation prescribed in Section 63 of Indian Succession Act.
The court ruled that mere suspicion cannot invalidate a duly executed Will, emphasizing the burden of proof lies on those contesting its validity.
The main legal point established in the judgment is the requirement to prove the valid execution of a Will and adoption deed in property disputes, and the significance of additional evidence in revea....
The quality of evidence is more important than the quantity, and witnesses must be given an opportunity to explain any doubts raised about their statements.
Registered adoption documents presume compliance with the law; the burden rests on the claimant to disprove, which may not simply rely on allegations of fraud.
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....
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.
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