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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Rajnish Kumar, J.
Juggi Lal – Appellant
Versus
Guru Prasad – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard Sri Vijay Krishna,learned counsel for the defendant-appellant and Sri Ashok Kumar Bhatnagar, learned counsel for the plaintiff-respondent.
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 23.01.1984 passed in Regular Suit No. 197/91 (Guru Prasad vs. Juggi Lal) by the 6th Additional Munsif, Faizabad (now Ayodhya) and judgment and decree dated 04.01.2013 passed in Civil Appeal No. 044/1984 (Juggi Lal vs. Guru Prasad) by the Additional District Judge, Court No.5, Faizabad (now Ayodhya).
3. The following substantial question of law has been formulated in this appeal by means of the order dated 04.02.2013:-
“Whether the finding recorded by courts below, regarding parentage of plaintiff and also regarding fraud in execution of Will, is against the evidence on record and perverse.”
4. Learned counsel for the appellant submitted that the plaintiff-respondent is the son of Mata Dei and her previous husband (Chhedi). The evidence to this effect was adduced i.e. Birth Certificate and Pariwar Register of plaintiff-respondent but without considering i
The validity of a Will must be proven with clear evidence, especially when suspicious circumstances exist, and findings of fact by lower courts should not be disturbed unless they are perverse.
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....
(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....
A Will must be proven with attesting witnesses as per statutory requirements; failure to do so renders it invalid.
A will's validity requires proof of execution, with the burden resting on its propounder to eliminate any suspicious circumstances surrounding its execution.
The main legal point established in the judgment is the fulfillment of legal requirements for proving a Will and the production of sufficient evidence to remove suspicious circumstances, thereby upho....
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 ....
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