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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Rakesh Srivastava – Appellant
Versus
Sudha Srivastava(Since Dead) – Respondent
JUDGMENT :
Sandeep Jain, J.
1. First Appeal no. 1274 of 2023 has been filed by the Rakesh Srivastava and others under Section 299 of the Indian Succession Act, 1925 against the impugned judgment and order dated 18.10.2023 passed by the court of Additional District and Sessions Judge Court No.1 Varanasi in Probate Case No. 26 of 2007 Rakesh Srivastava and others vs.Smt.Sudha Srivastava and others, whereby application seeking probate regarding alleged Will dated 25.5.2002 executed by Parmanand Lal Srivastava(testator) has been rejected.
2. First Appeal no. 1276 of 2023 has been filed by Rakesh Srivastava and others against impugned judgment and order dated 18.10.2023 passed by the court of Additional District Judge Court no.1 Varanasi in Probate Case No. 27 of 2007 Smt. Sudha Srivastava and others vs. Krishna Kumar Srivastava and others, whereby application seeking probate regarding registered Will executed by Parmanand Lal Srivastava(testator) on 20.9.1996 has been granted.
3. Probate case No. 26 of 2007 and 27 of 2007 were heard together by the lower court and decided by the common impugned judgment and order dated 18.10.2023.
4. Since First Appeal no.1274 of 2023 and 1276 of 2023 ari
The validity of a Will is determined by the testator's capacity and the absence of suspicious circumstances; the burden lies with propounders to prove legitimacy.
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 court ruled that a registered Will has precedence over an unregistered, disputed Will, particularly when substantial doubts exist regarding the latter's authenticity.
The propounder of a Will must dispel any suspicious circumstances surrounding its execution to establish its validity.
The propounder of a Will must satisfactorily dispel all suspicious circumstances regarding its validity, particularly when substantial benefits accrue to them, or the Will may be deemed invalid.
The propounder of a Will must prove valid execution by confirming compliance with legal requirements, and any allegations of forgery or mental incapacity must be substantiated by the contesting party....
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