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RAKESH KAINTHLA
Sudesh Kumari – Appellant
Versus
Pawan Singh – Respondent
JUDGMENT
Rakesh Kainthla, J.—The present appeal is directed against the judgment and decree dated 31.08.2022 passed by learned Additional District Judge-I, Kangra at Dharamshala (learned First Appellate Court), vide which the appeal filed by the appellant (plaintiff before learned Trial Court) was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present appeal are that the plaintiff filed a civil suit before the learned Trial Court seeking a declaration that she has succeeded her mother Savitri Devi’s share in the suit land mentioned in the headnote of the plaint on the basis of Hindu Succession Act, entries regarding Savitri Devi’s estate in favour of the defendant based on the Will dated 7.10.2010 bearing registration No. 3313/2010 registered with Sub Registrar, Indora, stated to have been executed by Savitri Devi are null and void and do not affect the rights of the plaintiff to succeed to her estate. A relief of permanent prohibitory injunction for restraining the defendant from alienating the suit land, dispossessing the plaintiff from th
(1) Proof of execution of Will – Mere nomenclature of a person in Will as an Identifier is not sufficient to hold that Will was not attested by two witnesses.(2) High Courts should restrain itself fr....
The burden of proving the execution of a Will rests on the propounder, who must dispel any suspicious circumstances to establish its validity.
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....
The propounder of a Will must prove its execution and attestation in accordance with law, and any suspicious circumstances surrounding the Will must be dispelled for it to be considered valid.
A will's validity requires proof of execution, with the burden resting on its propounder to eliminate any suspicious circumstances surrounding its execution.
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