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HIRDESH
Naresh Singh – Appellant
Versus
Public At Large – Respondent
ORDER
1. By way of instant misc. appeal under Order 43 rule 1 of CPC, appellants have challenged the order dated 23.11.2021 passed by 6th Additional District Judge, Bhind in Misc.Civil Case No.34 of 2016, whereby the application filed by appellants under section 276 of the Indian Succession Act for probate of ''Will'' in regard to movable and immovable properties of deceased Bitta Bai, has been rejected.
2. Necessary facts for disposal of present appeal, in short, are that as per averments of appellants, they are the nephews of deceased- Bitta Bai, who was a Teacher in Government High School, Kanawar and had passed away on 19.11.2008. Within a year of her marriage, Jahan Singh, husband of Bitta Bai, had also passed away and she was living in her birthplace Kanawar Village since she had no children, where she was posted as a Teacher and lived with their father - Munshi Singh, for the rest of her life and after death of their father Munshi Singh, she lived with them. It was further alleged that she had brought up them and they considered her as their aunt as well as mother and used to serve and flatter her. She had appointed them as nominees in the nomination form of all her FDRs, bank
The main legal point established in the judgment is the requirement to prove the execution of a Will in accordance with the statutory provisions, including the attestation by witnesses and the sound ....
The propounder of a Will must satisfactorily prove its execution, whereupon the burden of proving any allegations of fraud or coercion shifts to the objectors. Minor gaps in testimony do not undermin....
Probate of a Will requires strict compliance with statutory formalities, including attestation by witnesses; failure to provide adequate proof leads to dismissal of the application.
The execution of a will must comply with statutory requirements, including proper attestation by witnesses; failure to do so invalidates the will.
The court found that the application for probate was barred by limitation, and the alleged Will was not duly executed, failing to meet statutory requirements.
The central legal point established in the judgment is the significance of complying with the formalities for the execution and attestation of Wills, as mandated by the Indian Succession Act. The cou....
The court affirmed that the execution of a Will must comply with statutory requirements, and the burden of proof lies on those alleging its invalidity.
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