The Court affirms that a duly executed and registered Will supersedes general rules of succession under the Hindu Succession Act, 1956.
In a significant ruling, the Punjab and Haryana High Court has reinforced the supremacy of testamentary succession over general succession laws when a duly executed and registered Will is in place. The judgment was delivered by Justice Vikas Suri in the case of Amarjit Kaur v. Harbhajan Kaur @ Bhajan Kaur, where the Court upheld the decisions of the lower courts, affirming the validity of a Will executed by a deceased female Hindu, Harbhajan Kaur, in favor of Gurwinder Kaur.
The case revolved around a dispute over the possession of a property in Ludhiana, which Harbhajan Kaur had initially bequeathed to her sister, Amarjit Kaur, through a Will. However, this Will was subsequently revoked, and a new Will was executed in favor of Gurwinder Kaur. Amarjit Kaur challenged the validity of the new Will, arguing that the property should devolve according to the general rules of succession under Sections 15 and 16 of the Hindu Succession Act, 1956.
The Court, however, dismissed this argument, highlighting that the Hindu Succession Act's general succession rules apply only when a female Hindu dies intestate. In this case, Harbhajan Kaur had executed a registered Will, which was duly proved in accordance with the Indian Evidence Act, 1872 (now Section 67 of the Bharatiya Sakshya Adhiniyam, 2023) and the Indian Succession Act, 1925. Therefore, the testamentary succession, as per Section 30 of the Hindu Succession Act, 1956, was applicable.
The judgment also addressed the contention regarding the role of a scribe as an attesting witness. The Court referred to a precedent set by the Supreme Court, confirming that a scribe could also serve as an attesting witness if the intention to attest was evident. In this case, the attesting witness, who was also the scribe, was examined and found credible, supporting the Will's validity.
Justice Suri emphasized that the concurrent findings of fact by the lower courts were based on a proper appreciation of the evidence and did not involve any substantial question of law, thereby warranting no interference from the High Court. Consequently, the appeal was dismissed, reinforcing the legal principle that a validly executed Will takes precedence over statutory succession rules.
Bottom Line :
A registered Will executed by a female Hindu and duly proved in accordance with Section 68 of the Indian Evidence Act, 1872 (now Section 67 of the Bharatiya Sakshya Adhiniyam, 2023) read with Section 63 of the Indian Succession Act, 1925, supersedes general succession rules under Sections 15 and 16 of the Hindu Succession Act, 1956.
Statutory provision(s): Indian Succession Act, 1925 Section 63, Hindu Succession Act, 1956 Sections 15, 16, and 30, Bharatiya Sakshya Adhiniyam, 2023 Section 67, Civil Procedure Code, 1908 Section 100, Evidence Act, 1872 Section 68
Amarjit Kaur v. Harbhajan Kaur @ Bhajan Kaur, (Punjab And Haryana) : Law Finder Doc id # 2966521
