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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Fateh Jang Singh Chahal – Appellant
Versus
Varinder Kaur Mann – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
The present judgment disposes of four Regular Second Appeals, the details whereof are set out herein below.
2.1 RSA No. 2351 of 2019 & RSA No. 815 of 2019 arise out of Civil Suit No. 2718/1523 of 2013 titled “Varinder Kaur Mann vs. Fateh Jung Singh Chahal and others”, which was decreed by the Court of Ld. Civil Judge (Junior Division), Chandigarh on 19.02.2016. Two separate appeals, namely Civil Appeal No. 145 of 2016, and Civil Appeal No. 157 of 2016, were preferred by different defendants. Both appeals were dismissed vide common judgment dated 21.08.2018 rendered by the learned Additional District Judge, Chandigarh. Aggrieved thereby, the de- fendants have filed (i) RSA No. 2351 of 2019 titled “Naresh Sandhu and others vs. Varinder Kaur Mann and others” and (ii) RSA No. 815 of 2019 titled “Fateh Jung Singh Chahal vs. Varinder Kaur Mann and others”.
2.2 RSA No. 3416 of 2023 titled “Fateh Jung Singh Chahal vs. Varinder Kaur Mann and another” arises from Civil Suit No. 3893 of 2012/2013 titled “Fateh Jung Singh Chahal vs. Varinder Kaur Mann and another”, which was dismissed by the Court of Ld. Civil Judge (Junior Division), Chandigarh vide judgment and decree
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 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....
The mere presence of the beneficiary at the time of the execution of the Will, by itself, would not be a factor to hold that the Will in question is shrouded with suspicious circumstances and the fir....
Determination of Will validity requires adherence to statutory conditions, burden of proof lies with the challenger; possession claims alone do not supersede validly executed instruments.
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