Punjab & Haryana High Court Upholds Rejection of Will Due to Inconsistent Witness Testimony in Inheritance Dispute

Chandigarh, India – The Punjab & Haryana High Court has dismissed an appeal challenging the rejection of an unregistered will in a property inheritance dispute. Justice Dinesh KumarSingh presided over the case, affirming the Lower Appellate Court's decision which had overturned the Trial Court's initial ruling in favor of the will's validity.

Background of the Case

The case originated from a suit filed by Purshotam Kumar Sharma and Prem Lata , claiming ownership of a 1/7th share in a land based on an unregistered will allegedly executed by Santra Devi . Purshotam Kumar , Santra Devi 's brother, claimed the will bequeathed her property to him, while Prem Lata initially claimed to be the widow of Santra Devi 's deceased son, Madan Lal . The dispute arose after Santra Devi 's death, with defendants, presumably legal heirs, contesting the will and inheriting the property through mutation.

The Trial Court initially ruled in favor of the plaintiffs, accepting the will's execution. However, the Lower Appellate Court reversed this decision, citing inconsistencies in the testimonies of the will's attesting witnesses and the scribe. Prem Lata withdrew her appeal after failing to prove her marriage to Madan Lal , a finding that reached finality.

Arguments Presented

Appellant ( Purshotam Kumar Sharma ) Argument:

Senior Counsel for the appellant argued that the Trial Court's well-reasoned findings, which validated the will, were wrongly overturned by the Lower Appellate Court. He submitted that the execution of the will was duly proven through the testimonies of attesting witnesses Ved Prakash and Raj Kumar , and the scribe Anil Kumar Srivastava. The counsel emphasized Santra Devi 's residence with Purshotam Kumar after her husband's death and his care for her, suggesting it was natural for her to bequeath property to him.

Respondent (Defendants) Argument:

Counsel for the respondents countered by highlighting contradictions in the statements of the attesting witnesses and the scribe. They pointed to discrepancies in their accounts of the will's execution and Purshotam Kumar 's own prior statements in mutation proceedings, arguing that the plaintiff failed to convincingly prove the will's execution. They contended that the Lower Appellate Court correctly re-evaluated the evidence and rightly dismissed the suit.

Court's Reasoning and Reliance on Legal Principles

Justice Dinesh KumarSingh , in his judgment, emphasized the settled legal position that second appeals are to be considered under Section 41 of the Punjab Courts Act, requiring a question of law to be maintained. The court underscored that the "pivotal issue" was the proof of execution of the will.

The judgment referenced landmark Supreme Court cases, including Jagdish Chand Sharma v. Narain Singh and Anil Kak v. Kumari Veena , which delineate the principles for proving a will. The court reiterated that while a will must be proved like any other document, the unique nature of a will – speaking from the testator's death – introduces "an element of solemnity." The onus lies on the propounder to remove "all legitimate suspicions" surrounding the will's execution.

The High Court highlighted key discrepancies in the testimonies:

Purshotam Kumar (Plaintiff - PW92): Admitted to not being present during the will's scribing or signing and contradicted his earlier statements regarding stamp paper purchase and scribe appointment.

Ved Prakash (Attesting Witness - PW94): Gave conflicting statements about being present during the will's typing and later denying knowledge of who typed it or if it was typed in front of him.

Raj Kumar (Attesting Witness - PW96): Stated the will was not scribed in his presence.

Anil Kumar Srivastava (Scribe - PW95): Testimony regarding stamp paper dates and presence during will preparation contradicted other witnesses and raised questions about the will's timeline.

The Court noted that these inconsistencies failed to satisfy the "judicial conscience" regarding the will's genuine execution. Justice Singh stated, "The aforesaid testimonies when juxtaposed upon each other leave many questions unanswered… In view of above, this Court finds that Lower Appellate Court rightly held that the plaintiff failed to prove the Will and thus, dismissed the suit filed by him."

Final Decision and Implications

Ultimately, the Punjab & Haryana High Court dismissed the appeal, upholding the Lower Appellate Court's decision. The court concluded that the plaintiff, Purshotam Kumar Sharma , failed to adequately prove the valid execution of the unregistered will due to significant contradictions and unanswered questions arising from the witness testimonies. This decision reinforces the importance of rigorous evidence and consistent witness accounts when proving the validity of a will, especially when suspicious circumstances are present. The dismissal implies that the property inheritance will likely proceed based on standard succession laws, excluding the contested will.