Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Surjit Singh – Appellant
Versus
Gurdeep Singh – Respondent
JUDGMENT :
Nidhi Gupta, J.
Present second appeal has been filed by the defendants No.1, 2 and 4 laying challenge to the judgment and decree dated 11.03.2016 passed by Additional District Judge, SAS Nagar, Mohali, whereby Civil Appeal filed by the plaintiff has been allowed; and suit of the plaintiff/respondent No.1 for declaration, has been decreed "for joint possession of % share in the entire land (i.e. 1/4th share of his father Sardara Singh besides his own 1/4th share in the in the entire land) which once stood in the name of Sardara Singh as per judgment and decree dated 21.8.1998 Ex.D1 & Ex.D2 and the defendants are permanently restrained from alienating the suit land without getting it partitioned except in due course of law..."; thereby setting aside the judgment and decree dated 24.04.2014 passed by the learned trial court whereby suit of the plaintiff was partly decreed holding the plaintiff entitled to recovery of Rs.16,800/- from each of the defendants no.1 to 4, and Rs.16,800/- collectively from defendants no.5 to 7.
2. Brief facts of the case are that the plaintiff had filed a suit for declaration that he is "owner in possession of land comprised in Kh./Kh. No.58/76, Kha
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's validity hinges on proving its proper execution and attestation; mere failure to favor certain heirs does not indicate suspicious circumstances.
A proponent of a Will must dispel any suspicious circumstances surrounding its execution; mere assertion is insufficient to establish validity.
The main legal point established in the judgment is that the burden of proving a Will rests on the propounders, and when a Will is surrounded by suspicious circumstances, the propounders must offer a....
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....
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
