BHAG SINGH versus JASKIRAT SINGH & ORS.

BHAG SINGH versus JASKIRAT SINGH & ORS.

In view of substantial questions of law relating to the validity and compliance requirements of the two Wills, the High Court erred in dismissing the second appeals in limine without proper consideration. The matter must be remitted to the High Court for determination of the appeals on merits.

Parties
Appellant: Bhag Singh; Respondent: Jaskirat Singh; Respondent: Jaskirat Singh & Ors.
Jurisdiction
India
Judgment Date
16 December 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dismissing Second Appeals in Limine
Outcome
Orders of High Court set aside; matter remitted. Appeals allowed to the extent mentioned.
Legal Topics
Second Appeal, Will Validity, Substantial Question of Law
Civil Procedure Succession Second Appeal Will Validity Substantial Question of Law

Case Brief

Summary, issues, holding and outcome

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Parties

Bhag Singh

Appellant

Jaskirat Singh

Respondent

Jaskirat Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dismissing Second Appeals in Limine

Legal Issues

  1. 1 Whether testimony of a scribe can be treated as testimony of an attesting witness for proving execution of a Will and hence compliance with the statutory requirements of Section 63 clause (c) of the Indian Succession Act, 1925.
  2. 2 Whether High Court could have dismissed the Regular Second Appeals in limine when mixed questions of fact and law arose as to construction and genuineness of Will affecting substantive rights of the parties.
  3. 3 Whether High Court could have upheld the validity of one Will and rejected the other Will, when contents of one Will referred to the contents of the other Will.

Ratio Decidendi

In view of substantial questions of law relating to the validity and compliance requirements of the two Wills, the High Court erred in dismissing the second appeals in limine without proper consideration. The matter must be remitted to the High Court for determination of the appeals on merits.

Court Disposition

Orders of High Court set aside; matter remitted. Appeals allowed to the extent mentioned.

Orders

  • Both orders of the High Court dated 14.05.2002 set aside.
  • Matter remitted to High Court for fresh disposal of second appeals in light of substantial questions of law.