V. PRABHAKARA versus BASAVARAJ K. (DEAD) BY LR. & ANR.

V. PRABHAKARA versus BASAVARAJ K. (DEAD) BY LR. & ANR.

Where a registered Will (Exhibit P4) was attested and its execution admitted and proved in accordance with Section 63 of the Indian Succession Act read with Section 68 of the Indian Evidence Act, and the subsequent document (Exhibit D1) was found to be forged, the appellate court erred in entertaining speculative suspicion without adequate reasoning; registration is only an additional circumstance and the First Appellate Court must respect the Trial Court's findings unless cogent reasons exist to overturn them. Accordingly the High Court's reversal was set aside and the Trial Court decree restored.

Parties
Appellant: V. Prabhakara; Respondent: Basavaraj K. (dead) by LR. & Anr.
Jurisdiction
India
Judgment Date
07 October 2021
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order Dated 20.09.2006 in R.f.a. No.692 of 2004 and Order Dated 23.11.2007 in R.p. No.279 of 2007
Outcome
Appeals allowed; High Court judgment and decree in R.F.A. No.692 of 2004 and R.P. No.279 of 2007 set aside; Trial Court judgment and decree in O.S. No.51 of 1992 restored; No costs.
Legal Topics
Proof of Will, Attestation, Section 63 Indian Succession Act, Section 68 Indian Evidence Act, Appellate Review Under Section 96 CPC, Testamentary Suspicion, Admissibility and Admissions
Indian Succession Act Indian Evidence Act Code of Civil Procedure, 1908 Registration Act, 1908 Proof of Will Attestation Section 63 Indian Succession Act Section 68 Indian Evidence Act +3 more

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Parties

V. Prabhakara

Appellant

Basavaraj K. (dead) by LR. & Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order Dated 20.09.2006 in R.f.a. No.692 of 2004 and Order Dated 23.11.2007 in R.p. No.279 of 2007

Legal Issues

  1. 1 Whether Exhibit P4 (registered Will) was duly proved under Section 63 Indian Succession Act read with Section 68 Indian Evidence Act
  2. 2 Whether subsequent unregistered document Exhibit D1 revoked or rendered Exhibit P4 invalid
  3. 3 Whether the First Appellate Court correctly exercised its power under Section 96 CPC in entertaining suspicion and reversing the Trial Court

Ratio Decidendi

Where a registered Will (Exhibit P4) was attested and its execution admitted and proved in accordance with Section 63 of the Indian Succession Act read with Section 68 of the Indian Evidence Act, and the subsequent document (Exhibit D1) was found to be forged, the appellate court erred in entertaining speculative suspicion without adequate reasoning; registration is only an additional circumstance and the First Appellate Court must respect the Trial Court's findings unless cogent reasons exist to overturn them. Accordingly the High Court's reversal was set aside and the Trial Court decree restored.

Court Disposition

Appeals allowed; High Court judgment and decree in R.F.A. No.692 of 2004 and R.P. No.279 of 2007 set aside; Trial Court judgment and decree in O.S. No.51 of 1992 restored; No costs.

Orders

  • Appeals allowed
  • Judgment and decree of the High Court in R.F.A. No.692 of 2004 and R.P. No.279 of 2007 set aside