Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Surinder Singh – Appellant
Versus
Rachhpal Kaur – Respondent
JUDGMENT :
Pankaj Jain, J. (Oral)
1. Defendants are in revision against order dated 01.10.2018 passed by Addl. Civil Judge (Sr. Divn.), Dasuya whereby the Trial Court framed additional issue on the application filed by the plaintiffs. For convenience parties hereinafter are referred to by their original position in the suit i.e. the petitioners as defendants No.l & 2 and respondents No.l to 4 as plaintiffs.
2. Plaintiffs filed suit for joint possession claiming that the property was a coparcenary property in the hands of Saroop Singh father/predecessor-in-interest of the parties. The plaintiffs being coparceners are entitled to joint possession.
3. In the written statement filed by defendants No.l to 4, they propounded WILL dated 28.04.2003 purported to be executed by Saroop Singh-predecessor-in-interest of the parties. It was further claimed that the suit property was neither ancestral nor coparcenary.
4. On the basis of pleading of the parties following issues were framed on 23.05.2016
'1. Whether plaintiff is entitled for joint possession as prayed for? OPP
2. Whether suit of plaintiff is not maintainable? OPD
3. Whether plaintiff has not come to the court -with clean hands and have con
The determination of property ownership validity relies on substantial proof of wills and the classification of property as joint or self-acquired.
The burden of proof for the validity of a Will lies with the propounders, who must meet legal requirements, including examining attesting witnesses, especially in the presence of suspicious circumsta....
Failure to amend pleadings post-trial without due diligence limits claims, and a will's validity requires testimony from attesting witnesses to overcome burdens of proof and dispel doubts.
A Will's validity hinges on proving its proper execution and attestation; mere failure to favor certain heirs does not indicate suspicious circumstances.
The propounder of a Will must dispel any suspicious circumstances surrounding its execution to establish its validity.
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.
A Will must be proven with attesting witnesses as per statutory requirements; failure to do so renders it invalid.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
