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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Rakesh Srivastava – Appellant
Versus
Sudha Srivastava(Since Dead) – Respondent
| Table of Content |
|---|
| 1. filing of appeals regarding probate cases. (Para 1 , 2 , 3 , 4) |
| 2. background facts of both probate cases. (Para 5 , 9 , 10) |
| 3. arguments regarding the validity of wills. (Para 6 , 11) |
| 4. court's assessment of evidence for will validity. (Para 20 , 36) |
| 5. judicial conscience and proof of wills. (Para 54 , 72) |
| 6. conclusion to dismiss appeals. (Para 74 , 75) |
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 Sri
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.
Will proved by attesting witness establishing execution, sound mind; challengers fail to substantiate suspicious circumstances like infirmities, unequal bequest without evidence such as medical recor....
The propounder of a Will must dispel any suspicious circumstances surrounding its execution to establish its validity.
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