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SAURABH SHYAM SHAMSHERY
Bhagwan Bux Singh – Appellant
Versus
Board of Revenue U. P. Allahabad – Respondent
JUDGMENT :
(Saurabh Shyam Shamshery, J.)
Heard Mr. Rohit Verma, Advocate holding brief of Mr. Krishna Mohan, learned counsel for petitioner and Mr. Jai Raj, learned counsel for the contesting respondents.
2. In the present case land in dispute was acquisition of one Balidan Singh, which was later on inherited by one Sheodin Singh, who died issueless in the year 1965. The respondent No. 4 set up a case that he was son of Sheodin Singh's sister and further claimed that such Sheodin Singh has executed a Will deed on 23.7.1957 in his favour as well as on ground of inheritance also.
3. The respondent No. 4 on the basis of said Will deed instituted a suit under Section 229B of U.P.Z.A. & L.R. Act, claiming Sirdhari and Bhumidhari rights on part of land in dispute. The Suit was contested by the petitioner that said Balidan Singh has only one daughter namely Sheo Kala and Sheodin Singh was not empowered to execute Will in regard to land in dispute.
4. The Assistant Collector Ist-Class Rai-Bareilly, framed eight issues, including the issue No. 2 i.e. (Did Sheodin Singh execute Will deed in favour of the plaintiff? If so, is it valid?
5. The learned Trial Court decided the said issue, that the Wi
A Will must be proven with attesting witnesses as per statutory requirements; failure to do so renders it invalid.
(1) Proof of execution of Will – If one attesting witness can prove execution of Will, examination of other attesting witness can be dispensed with.(2) Where Will is a registered document, there is p....
The mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
(1) Proof of execution of Will – Mere nomenclature of a person in Will as an Identifier is not sufficient to hold that Will was not attested by two witnesses.(2) High Courts should restrain itself fr....
Precise compliance with statutory execution and proof requirements for Wills is necessary, especially when involving Pardanashin individuals; the burden of proof lies on those asserting the validity ....
The propounder of a Will bears the burden to prove its validity and must dispel any suspicious circumstances regarding the execution and the testator's mental capacity.
The execution of a will must strictly adhere to statutory requirements, including valid attestation by witnesses, and mere registration does not suffice to validate a will in the presence of suspicio....
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