LACHHMI NARAIN SINGH (D) THROUGH LRS & ORS. versus SARJUG SINGH (DEAD) THROUGH LRS. & ORS.

LACHHMI NARAIN SINGH (D) THROUGH LRS & ORS. versus SARJUG SINGH (DEAD) THROUGH LRS. & ORS.

Where a certified copy of a registered cancellation deed is admitted and marked in the trial court without objection and is supported by expert opinion and attesting witnesses, an objection to the mode of proof cannot be raised for the first time on appeal; accordingly the trial court was correct to accept the registered cancellation deed as genuine, hold that the Will was revoked by the testator and deny probate.

Parties
Appellant: LACHHMI NARAIN SINGH (D) THROUGH LRS. & ORS.; Respondent: SARJUG SINGH (DEAD) THROUGH LRS. & ORS.
Jurisdiction
India
Judgment Date
17 August 2021
Procedural Posture
Civil Appeal / Appeal to the Supreme Court From the Patna High Court Judgment Dated 15.04.2009
Outcome
Appeal allowed
Legal Topics
Revocation of Will, Probate Proceedings, Admissibility of Certified Copy of Registered Deed, Mode of Proof and Waiver, Genuineness of Thumb Impression (handwriting/expert Evidence)
Probate Succession Evidence Revocation of Will Probate Proceedings Admissibility of Certified Copy of Registered Deed Mode of Proof and Waiver Genuineness of Thumb Impression (handwriting/expert Evidence)

Case Brief

Summary, issues, holding and outcome

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Parties

LACHHMI NARAIN SINGH (D) THROUGH LRS. & ORS.

Appellant

SARJUG SINGH (DEAD) THROUGH LRS. & ORS.

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court From the Patna High Court Judgment Dated 15.04.2009

Legal Issues

  1. 1 Whether the testator Rajendra Singh revoked the Will by a registered deed dated 02.02.1963
  2. 2 Whether the testator had the physical and mental capacity to execute the registered cancellation deed
  3. 3 Whether the thumb impression on the cancellation deed was genuine

Ratio Decidendi

Where a certified copy of a registered cancellation deed is admitted and marked in the trial court without objection and is supported by expert opinion and attesting witnesses, an objection to the mode of proof cannot be raised for the first time on appeal; accordingly the trial court was correct to accept the registered cancellation deed as genuine, hold that the Will was revoked by the testator and deny probate.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the Patna High Court dated 15.04.2009 set aside
  • Judgment of the First Additional District Judge, Chapra (trial court) restored