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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Khubi Ram – Appellant
Versus
Bhoop Singh – Respondent
| Table of Content |
|---|
| 1. introduction of the appeal and background information. (Para 1 , 2) |
| 2. overview of the property ownership dispute and procedural history. (Para 3 , 4 , 6) |
| 3. arguments from both appellant and respondent regarding the will's validity. (Para 7 , 8) |
| 4. court's analysis on legal proof requirements and decision rationale. (Para 10 , 12 , 16) |
| 5. concluding remarks and outcome of the appeal. (Para 17 , 18 , 19) |
JUDGMENT :
1. I have already heard Sri Tarun Agrawal learned counsel for the appellant and Ms. Pratiksha Rai learned counsel for the respondent on 19.09.2025. The case was fixed for today for exploring the possibility of compromise between the parties but the parties have failed to arrive at a compromise, as such, the matter is being disposed today, on merits.
3. Factual matrix of the case is that the plaintiff filed O.S. No.446 of 2020, in the trial court against the defendants-respondents with the averments that the plaintiff and the defendants are the real brothers who are the successor of Ram Swaroop, who had purchased the disputed property house No.85-A, Nagar Nigam, No.27, a single storeyed house, constructed on area of 131.25 square yard consisting of two rooms,
The court confirmed the necessity of legally proving a Will's execution, highlighting that a certified copy cannot replace the original unless statutory conditions for secondary evidence are met.
(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....
The court affirmed that a Will can be validated under Section 69 of the Indian Evidence Act when attestors are deceased, shifting the burden of proof to the opposing party.
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.
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....
The propounder of a will must prove its execution in accordance with the relevant legal provisions, dispel any suspicious circumstances, and establish their own title in a property dispute.
The burden of proof for a Will lies with the propounder, and failure to establish its validity results in dismissal of claims based on it.
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