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NARESH KUMAR CHANDRAVANSHI
Rambha Bai – Appellant
Versus
Vijay Kumar Verma – Respondent
JUDGMENT (CAV)
This is defendants’ Second Appeal filed under Section 100 of CPC against the judgment and decree dated 08.02.2022, passed by 4th Upper District Judge, Balodabazar, at Bhatapara, in Civil Appeal No. 04-A/2019, affirming the judgment and decree dated 30.11.2018 passed by Civil Judge, Class-I, Bhatapara, District Balodabazar, in Civil Suit No. A/122/2014, whereby learned trial Court allowed the civil suit filed by respondent No. 1/plaintiff by declaring his title on 1/8th share of suit land directing the appellants/defendants to handover possession of the same after partition of it. Vide aforesaid judgment, learned trial Court has also allowed the counter-claim filed by respondent No. 2 / defendant No. 3 – Vyasnarayan and granted the same decree in his favour, as has been granted in favour of plaintiff.
[For the sake of convenience, parties would be referred to as per their status shown in the plaint]
2. Facts of the case, in nutshell, as projected by plaintiff in his plaint, are that both the parties are brothers and sisters (except defendant No.1 – Rambhabai). Following genealogical tree would demonstrate the relationship among the parties:-
(Matter in Other Language
(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....
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.
The execution of a will must strictly adhere to statutory requirements, including valid attestation by witnesses, and mere registration does not suffice to validate a will in the presence of suspicio....
The mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
Proof of execution of Will – There can be no interference to Will which stands proved unequivocally.
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