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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Shila Devi Alias Sheela Devi – Appellant
Versus
Ram Datt – Respondent
JUDGMENT :
Vikram Aggarwal, J.
This is plaintiff's appeal against the judgment and decree dated 20.07.2023 passed by the Court of learned Additional District Judge, Fatehgarh Sahib dismissing the appeal filed by the appellant-plaintiff against the judgment and decree dated 14.11.2018 passed by the Court of learned Civil Judge (Junior Division), Amloh vide which the suit filed by the appellant-plaintiff for declaration was dismissed.
2. For the sake of convenience and clarity, parties shall be referred as per their original status.
3. The plaintiff (Shila Devi Alias Sheela Devi) instituted a suit for declaration to the effect that she was owner in possession of residential house to the extent of half share (fully described in the plaint) situated in Guru Ki Nagri, Mandi Gobindgarh, District Fatehgarh Sahib (hereinafter referred to as the 'suit property') on the basis of a registered Will dated 01.06.2006 duly executed by Ram Kaur in favour of the plaintiff and son of defendant namely Shivam. A further declaration was sought declaring the mutation dated 21.04.2007 regarding the estate of Ram Kaur sanctioned in favour of the defendant on the basis of Will dated 20.03.1996 as being illegal
A Will's validity hinges on proper execution and attestation; one attesting witness's testimony can suffice to establish its legitimacy.
The central legal point established in the judgment is the mandatory requirement of proving the execution of a Will through an attesting witness as per Section 68 of the Indian Evidence Act, 1872, an....
A Will, even if not registered, must be conclusively proven to establish inheritance rights, and unexplained delays in filing can bar claims.
The court ruled that a registered Will has precedence over an unregistered, disputed Will, particularly when substantial doubts exist regarding the latter's authenticity.
The latest executed Will prevails in determining property ownership; validity must be substantiated by evidence of execution.
The court confirmed the necessity of legally proving a Will's execution, highlighting that a certified copy cannot replace the original unless statutory conditions for secondary evidence are met.
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