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IN THE HIGH COURT OF ALLAHABAD, BENCH LUCKNOW
Hon'ble Rajnish Kumar,J.
Ambika Prasad @ Ambika Prasad Pandey – Appellant
Versus
Shyam Bihari – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard, Sri Jai Prakash Yadav,learned counsel for the plaintiff-appellants and Sri Vyas Narayan Shukla, learned counsel for the defendant-respondents.
2. The instant second appeal under Section 100 of the Civil Procedure Code 1908 (hereinafter referred as CPC) has been filed against the judgment and decree dated 05.10.2023 passed in Civil Appeal No.38/2009 (Shyam Bihari and Others versus Sharda Prasad (deceased) substituted by his legal heirs Ambika Prasad and Others) by the Additional District Judge/F.T.C.-Ist,Sultanpur, whereby the lower appellate court allowed the defendant-respondents first appeal. Consequently, the judgment and decree dated 26.05.2009 passed in suit for cancellation of Will i.e. Regular Suit No.225/2004(Sharda Prasad and others versus Balkrishna and others) filed by the plaintiff-appellants has been set aside and the suit has been dismissed.
3. Learned counsel for the appellant submitted that the property in dispute belongs to Late Ram Chandra Pandey, who was father of the parties. He was survived by his five sons. The dispute arose in view of an alleged registered Will Deed said to have been executed by Late Ram Chandra Pandey on 02
The burden of proof for the validity of a Will lies with the propounder, who must dispel any doubts regarding its execution, especially in the presence of suspicious circumstances.
The mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
Proof of execution of Will – There can be no interference to Will which stands proved unequivocally.
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 validity of a Will requires clear evidence of revocation of prior Wills and the testator's mental fitness at execution; suspicious circumstances must be adequately addressed.
(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....
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 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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