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NEENA BANSAL KRISHNA
Geeta Tandon – Appellant
Versus
Sunil Gomber – Respondent
| Table of Content |
|---|
| 1. the plaintiff's claim for property partition. (Para 1 , 2 , 3) |
| 2. background ownership of the suit property. (Para 4 , 5) |
| 3. defendants' objections regarding the plaintiff's claims. (Para 6 , 7 , 10) |
| 4. claims related to alleged mental health of the testator. (Para 8 , 9 , 11) |
| 5. questions surrounding validity of the wills. (Para 12 , 14 , 15 , 20 , 23) |
| 6. legal rights of heirs under hindu succession act. (Para 34 , 35 , 36) |
| 7. final ruling on plaintiff's claims and distribution of the estate. (Para 159 , 160) |
JUDGMENT
Neena Bansal Krishna, J.
1. Plaintiff has sought partition in respect of the property bearing no. F- 3, Vijay Nagar, near Delhi University, Delhi 110009 consisting of two and half Floors on a plot of land measuring 200 sq. yards (hereinafter referred to as "the suit property"), from defendant no. 1 and 2, her brothers.
2. The plaintiff's grandfather late Shri Jai Gopal Gomber, on partition came to India in the year 1947/1948 and purchased the suit property vide the Purchase Agreement dated 02.04.1959 and became the absolute, legal and registered owner of the suit property. A Conveyance Deed was executed in his favour on 31.07.1969.Shri Jai Gopal Gomber a
Suit for partition - Partial partition not permissible - Admission of parties - Will duly established and cannot be held to be forge or fabricated one.
The main legal point established in the judgment is that the burden of proving a Will rests on the propounders, and when a Will is surrounded by suspicious circumstances, the propounders must offer a....
A registered Will has presumptive validity unless evidence demonstrates its invalidity, and execution shortly before death does not necessarily indicate suspicious circumstances.
The validity of a Will can be upheld despite procedural omissions if supported by sufficient evidence, and a partition suit may be dismissed if barred by limitation.
The validity of an unregistered Will must comply with the requirements of the Evidence Act and the Indian Succession Act. Additionally, non-testamentary instruments must be registered under the Regis....
Partition suits are non-maintainable without impleading all necessary legal heirs. Probate applications remain valid even years after the testator's death, as the right to prove a Will is a continuou....
The court affirmed the validity of a Will and upheld its execution despite claims of suspicion, indicating that the exclusion of a child does not inherently nullify a Will.
The validity of a will is undermined when it is executed under suspicious circumstances, necessitating the propounder to dispel these doubts for the document to be accepted legally.
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