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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Balvinder Singh Through Lrs. – Appellant
Versus
Birender Singh – Respondent
JUDGMENT :
Deepak Gupta, J.
Plaintiff of the suit is before this Court in the present Regular Second Appeal against the concurrent findings of the Courts below, inasmuch as Civil Suit N: 73-CS-RBT of 2014 tiled 'Balwinder Singh vs. Amrit Pal Singh & Others' filed by him for declaration, mandatory injunction & grant of mesne profits was dismissed by trial court of Ld. Civil Judge (Jr. Divn.) Ambala vide judgment dated 31.08.2016; and the appeal (CA N: 471 of 2016) filed by him was dismissed by the first Appellate Court of Ld. Additional District Judge, Ambala on 02.04.2019.
2. Trial court record called and perused. To avoid confusion, parties shall be referred as per their status before the trial court.
3. The dispute is regarding ownership of House No.15, Adarsh Colony, Golden Town, Ambala City. Admittedly, sole plaintiff Balwinder Singh and the three defendants Amritpal Singh, Birender Singh and Tejwinder Singh are real brothers. House in dispute was admittedly owned by their mother Smt. Gurcharan Kaur.
4.1 Plaintiff claimed title to the suit property on the basis of an unregistered will dated 18.08.2013 purported to have been executed by Smt. Gurcha-ran Kaur in his favour. He claimed
A Will's validity hinges on proper execution and attestation; one attesting witness's testimony can suffice to establish its legitimacy.
Concurrent findings on the invalidity of contested Wills due to failure to meet statutory execution and attestation requirements uphold the principle of sound mind and procedure for testamentary docu....
A will can be proved through secondary evidence when attesting witnesses are unavailable, provided the statutory requirements for execution are met.
The propounder of a will must prove due execution and attestation, particularly when suspicious circumstances exist; mere registration does not guarantee authenticity.
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.
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....
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