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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Raghbir Singh – Appellant
Versus
Surta Ram – Respondent
JUDGMENT :
Nidhi Gupta, J.
1. Defendants No. 1 and 2 are in Second Appeal against the concurrent judgments and decrees of the learned Courts below whereby the suit filed by the plaintiff/respondent No.1 herein, for declaration that the plaintiff is owner of 1/3rd share of the suit property, has been decreed by both the Courts below.
2. In order to correctly appreciate the dispute at hand, following pedigree table shall be useful: -
Brief facts of the case are that Lalu, father of the plaintiff had died when Surta Ram/plaintiff was very young. Surta Ram-plaintiff was brought up by his uncle Nihalu, who had died on 02.07.1982. Nihalu had died issueless and widow-less. It is the case of the plaintiff that Nihalu had executed a Will dated 15.03.1982 (Ex.P1) in favour of the plaintiff; and therefore, on the death of Nihalu, the plaintiff had inherited the suit property left by him. It was pleaded that the defendants had taken forcible possession of the suit property from the plaintiff and the defendants were now in illegal possession. It was further contended that defendants No.1 and 2 had executed a forged Will dated 12.01.1982 allegedly executed by Nihalu in favour of defendants No. 1 and
The validity of a Will must be proven with clear evidence, especially when suspicious circumstances exist, and findings of fact by lower courts should not be disturbed unless they are perverse.
A will's validity must be proven beyond suspicion, especially when claims of fraud or undue influence arise; the burden of proof lies on the party benefiting from the will under suspicious circumstan....
Point of Law : The only important aspect was the execution of the Will in accordance with the provisions of section 63 the Indian Succession Act and placing it on record as legal piece of evidence as....
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