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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Surekha – Appellant
Versus
General Public – Respondent
JUDGMENT :
Alka Sarin, J.
The present appeal has been preferred by the plaintiff-appellant (Surekha) against concurrent findings returned by both the Courts while dismissing her suit for declaration with consequential relief of injunction.
2. Brief facts relevant to be noticed in the present case are that the plaintiff-appellant (Surekha) herein filed a suit for declaration being Civil Suit No.144-A. Smt. Kamlesh, who is the defendant-respondent No.4 herein, also filed a suit for declaration and mandatory injunction with consequential relief of permanent injunction. Both the said suits relate to the same property and were consolidated vide order dated 02.09.2014. Civil Suit No.l44-A titled Smt. Surekha Vs. General Public and others was treated as the main case and the evidence was led in the same. The said suit was filed by the plaintiff-appellant (Surekha) averring that she had become owner in possession of residential house consisting of two bed rooms, kitchen, DRG/Dinner, bathroom, verandah etc. on the ground floor, DRG/dinner, kitchen, bathroom, two bed rooms, verandah and toilet etc. on the first floor, and two rooms, toilet, terrace etc. on the second floor as mentioned in the s
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 propounder of a Will must dispel any suspicious circumstances surrounding its execution to establish its validity.
The judgment emphasizes the importance of credible evidence in establishing the validity of a Will and entitlement to property shares under Hindu Mitakshara Law.
The main legal point established is that the execution of a Will under suspicious circumstances, without sufficient evidence of separate possession and cultivation, may lead to the dismissal of a pro....
A proponent of a Will must dispel any suspicious circumstances surrounding its execution; mere assertion is insufficient to establish validity.
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