JAGDISH CHAND SHARMA versus NARAIN SINGH SAINI (DEAD) THROUGH HIS LRS. & ORS.

JAGDISH CHAND SHARMA versus NARAIN SINGH SAINI (DEAD) THROUGH HIS LRS. & ORS.

The requirements for valid execution and attestation of a Will under Section 63(c) of the Succession Act and the proof thereof under Section 68 of the Evidence Act are mandatory. The evidence of the attesting witnesses in the present case was deficient and did not inspire confidence, as they failed to prove due execution and attestation as per law, and did not exhibit either denial of execution or failure to recollect, so Section 71 was not attracted. Further, the circumstances surrounding the Will were unnatural, unfair, and improbable, being contrary to the normal course of disposition to close family members, underlining suspicious circumstances which were not dispelled. The High Court...

Parties
Appellant: Jagdish Chand Sharma; Respondents: Narain Singh Saini (dead) through his LRs & Ors.
Jurisdiction
India
Judgment Date
01 May 2015
Procedural Posture
Civil Appeal / Appeal From High Court Order
Outcome
Appeal dismissed
Legal Topics
Execution of Will, Attestation of Will, Probate, Suspicious Circumstances, Proof of Testamentary Instruments
Succession Law Evidence Law Execution of Will Attestation of Will Probate Suspicious Circumstances Proof of Testamentary Instruments

Case Brief

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Parties

Jagdish Chand Sharma

Appellant

Narain Singh Saini (dead) through his LRs & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether the Will dated 22-10-1973 was duly executed and attested in accordance with law
  2. 2 Whether the appellant is entitled to Letters of Administration based on the said Will

Ratio Decidendi

The requirements for valid execution and attestation of a Will under Section 63(c) of the Succession Act and the proof thereof under Section 68 of the Evidence Act are mandatory. The evidence of the attesting witnesses in the present case was deficient and did not inspire confidence, as they failed to prove due execution and attestation as per law, and did not exhibit either denial of execution or failure to recollect, so Section 71 was not attracted. Further, the circumstances surrounding the Will were unnatural, unfair, and improbable, being contrary to the normal course of disposition to close family members, underlining suspicious circumstances which were not dispelled. The High Court...

Court Disposition

Appeal dismissed

Orders

  • The judgment and order of the High Court are affirmed and no interference is called for.
  • The Letters of Administration granted by the Trial Court are set aside.