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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIRINDER AGGARWAL
Gurmail Singh – Appellant
Versus
Sukhminder Singh – Respondent
JUDGMENT :
Virinder Aggarwal, J.
1. The appellants have instituted the present appeal challenging the judgment and decree dated 24.02.1997, delivered by the learned Additional District Judge, Patiala, which reversed and set aside the earlier judgment and decree passed by the Sub-Judge First Class, Patiala on 26.02.1992.
2. The appellants/plaintiffs No. 1 and 3 filed a suit claiming to be the legal heirs of Amar Singh based on a Will dated July 21, 1985, executed by Amar Singh in their favour. The plaintiffs asserted ownership and possession of a 1/18th share each in the disputed land, relying on the Will dated 21.07.1985, and challenged the earlier Will dated 10.02.1985, as illegal, null-&-void, and as revoked by the later Will. The defendants contested the suit, arguing that Amar Singh never executed the Will dated 21.07.1985, and that the mutation was correctly sanctioned based on the Will dated 10.02.1985.
3. From the pleadings of the parties following issues were framed:-
1. Whether Amar Singh deceased executed a valid will dt. 21.7.1985 in favour of the plaintiff? OPP
2. Whether Amar Singh deceased executed a valid will dt. 10.2.1985 in favour of defendants? OPD
3. Whether suit land
The court validated a Will executed in sound state of mind, emphasizing that allegations of illegitimacy were unproven, affirming statutory compliance in its execution.
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 propounder of a Will carries the burden to dispel suspicious circumstances surrounding its execution; failure to prove authenticity results in its rejection.
The propounder of a Will must dispel any suspicious circumstances surrounding its execution to establish its validity.
Proving the execution of a Will does not establish its validity if it is surrounded by suspicious circumstances. The beneficiary must satisfy the Court that there are no suspicious circumstances or e....
Will – When suspicious circumstances exist and have not been repelled to satisfaction of Court, Court would not be justified in holding that Will is genuine since signatures have been duly proved and....
The court emphasized that the burden of proving the validity of a will lies with the propounder, who must dispel any suspicions surrounding its execution, in accordance with Section 68 of the Indian ....
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