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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJNISH KUMAR
Sabhapati Verma – Appellant
Versus
Ved Prakash – Respondent
JUDGMENT :
Rajnish Kumar, J.
Heard Shri Mohd. Arif Khan, learned Senior Advocate assisted by Shri Mohd. Shadab Khan, Advocate holding brief of Shri Mohammad Aslam Khan, learned counsel for the appellant and Dr. R. S. Pandey, learned Senior Advocate assisted by Shri Ankit Pande, learned counsel for the respondent.
2. This second appeal has been preferred under Section 100 of CIVIL PROCEDURE CODE , 1908 (hereinafter referred to as ''C.P.C.'') against the judgment and decree dated 1.11.2013 passed in Regular Suit No. 1132 of 1988; Sabhapati Verma v. Ram Kishore (Dead) substituted by legal representative Ved Prakash by First Additional Civil Judge (Junior Division), Ambedkar Nagar and judgment and decree dated 3.10.2016 passed in Civil Appeal No. 66 of 2013; Sabhapati Verma v. Ved Prakash by Additional District Judge, Court No. 3, Ambedkar Nagar.
3. The appeal has been admitted on the following substantial questions of law formulated in the memo of appeal :
A will's validity requires proof of execution, with the burden resting on its propounder to eliminate any suspicious circumstances surrounding its execution.
The burden of proving the execution of a Will rests on the propounder, who must dispel any suspicious circumstances to establish its validity.
(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....
The propounder of a Will must prove its execution and attestation in accordance with law, and any suspicious circumstances surrounding the Will must be dispelled for it to be considered valid.
(1) Presumption contemplated under Section 90 of Indian Evidence Act in respect of documents more than 30 years old does not apply to a Will.(2) Second Appeal – Scope of interference in a Second Appe....
A will must be proven in accordance with statutory requirements; the presumption for documents over 30 years old does not apply to wills under Indian law.
Failure to amend pleadings post-trial without due diligence limits claims, and a will's validity requires testimony from attesting witnesses to overcome burdens of proof and dispel doubts.
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