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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Surinder Kaur – Appellant
Versus
Kanwarbir Singh Alias Gopu – Respondent
| Table of Content |
|---|
| 1. dispute over the validity of the will. (Para 1 , 2 , 3) |
| 2. arguments regarding the remand and onus of proof. (Para 4 , 5) |
| 3. analysis of trial court's findings and observations. (Para 6 , 7 , 8) |
| 4. final decision to remand for fresh adjudication. (Para 9 , 10) |
JUDGMENT :
HARKESH MANUJA, J.
[1]. By way of present appeal, challenge has been laid to the order dated 13.05.2025 passed by the Court of learned District Judge, Sri Muktsar Sahib (hereinafter referred to as the ‘First Appellate Court’) whereby the judgment and decree dated 30.11.2023 passed by the learned Addl. Civil Judge (Sr. Divn.) Sri Muktsar Sahib has been set aside and the matter has been remanded back to the learned Trial Court for its fresh adjudication.
[2]. In the present case, the dispute pertains to the estate of deceased Jagmohan Singh, who allegedly executed a registered Will dated 28.03.2017 in favour of his widow Surinder Kaur, son Kanwarbir Singh and grandson Damanbir Singh. The appellants herein being plaintiffs (widow and daughter of the testator) filed a suit for declaration qua the estate left by deceased Jagmohan Singh by claiming themselves to be co-owners in joint possession of the suit pr
The First Appellate Court erred by remanding the case without reversing the Trial Court's critical findings on the validity of the Will, which should have been proven by the beneficiaries.
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....
The execution and attestation of a Will must be proven validly, and evidence surrounding its authenticity must be duly considered.
The burden of proof rests on the party asserting the validity of a Will, which must be established free from suspicious circumstances.
The burden of proof for alleging fraud in a Will lies with challengers, and mere age or illiteracy of the testator does not negate the Will's validity if legal standards are met.
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