DURGA PRASAD versus DEVI CHARAN

DURGA PRASAD versus DEVI CHARAN

Presumption of revocation is weak and rebuttable; onus lies on objector. Here, facts of firm intention, absence of motive, persistent relationship, and possibility of theft or misplacement rebut presumption; will not found does not justify revocation.

Parties
Appellant: Durga Prasad; Respondent: Devi Charan
Jurisdiction
India
Judgment Date
19 September 1978
Procedural Posture
Civil Appeal / Appeal From Division Bench Decision of Delhi High Court
Outcome
Appeal allowed
Legal Topics
Will Revocation, Presumption of Revocation, Onus of Proof, Probate Proceedings
Succession Probate Will Revocation Presumption of Revocation Onus of Proof Probate Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Durga Prasad

Appellant

Devi Charan

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Decision of Delhi High Court

Legal Issues

  1. 1 Whether presumption of revocation of the will arises when original will not found on death of testator
  2. 2 On whom lies the onus to prove revocation of will under Section 70 of Indian Succession Act
  3. 3 Whether facts and circumstances rebut presumptions of revocation

Ratio Decidendi

Presumption of revocation is weak and rebuttable; onus lies on objector. Here, facts of firm intention, absence of motive, persistent relationship, and possibility of theft or misplacement rebut presumption; will not found does not justify revocation.

Court Disposition

Appeal allowed

Orders

  • Judgment of Division Bench of Delhi High Court set aside.
  • Judgment of Single Judge of Delhi High Court restored.