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DWARKADHISH BANSAL
Rameshwar Prasad Dwivedi – Appellant
Versus
Rajkumar – Respondent
JUDGMENT
1. This second appeal has been preferred by the appellant/defendant challenging judgment and decree dtd. 4.8.1999 passed by Additional District Judge, Umaria to the Court of District Judge, Shahdol in civil appeal No.3-A/1999 affirming the judgment and decree dtd. 12.2.1999 passed by Additional Civil Judge Class-I, Umaria in civil suit No.222-A/1997 whereby respondent 1/plaintiff’s suit for declaration of title and restoration of possession in respect of agricultural land Khasra No.155-159, 433/1, 79/483, 154, 243, 434/1 and 518 total No. 11, total area 1.997 hectare, situated in Village Tendua, Tahsil Bandhavgarh, Distt. Umaria, has been decreed.
2. Facts in short are that a civil suit was filed by respondent 1/plaintiff claiming himself to be owner/bhoomiswami of the land with the allegations that Gyaniram s/o Ram Sewak Brahman was owner of the land in question. After death of his wife, he was alone and suffering from paralysis, therefore, the plaintiff and his mother were taking care of Gyaniram, who died on 26.12.1994. Prior to his death, Gyaniram in his life time executed a Will dtd. 25.12.1994 (Ex.P/1) in favour of the plaintiff. It is also alleged that Gyaniram got o
The propounder of a will must prove due execution and attestation, particularly when suspicious circumstances exist; mere registration does not guarantee authenticity.
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....
(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....
Registered Will's genuineness presumed; proof under Evidence Act Sections 68/69 via signature identification by witnesses suffices when attesting witnesses unavailable; disputing party must prove sus....
The mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
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....
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