Second Appeal Dismissed; Court Finds Will Surrounded by Suspicious Circumstances
In a significant ruling, the Punjab and Haryana High Court has dismissed the second appeal of Jagwinder Singh @ Joginder Singh, affirming the lower courts' decisions that declared the contested Will in favor of the appellant as forged and fabricated. The judgment was delivered by Justice Vikram Aggarwal, who upheld the findings of both the trial and first appellate courts, noting the presence of multiple suspicious circumstances surrounding the execution of the Will.
The case originated from a suit filed by Ramandeep Khimareet Kaur, claiming ownership of a 64 Kanal 12 Marlas property in Bathinda, being a legal heir of the deceased Gursewak Singh. The Will in question, dated February 23, 1984, and registered posthumously in 1993, was purportedly executed in favor of Jagwinder Singh. The plaintiff contended that the document was not only unregistered at the time of execution but also registered after Gursewak Singh's demise, raising questions about its authenticity.
Key issues revolved around the execution of the Will, which the court found was not proved satisfactorily. Despite testimonies from Jora Singh, an attesting witness, and Gurcharan Singh, the son of the scribe, the court noted inconsistencies and suspicious circumstances that were not adequately explained. Justice Aggarwal highlighted that the age of Gursewak Singh at the purported time of execution, the omission of his daughters in the Will, and the implausibility of a four-year-old Jagwinder Singh providing care to Gursewak Singh, were all factors that rendered the document dubious.
The court further emphasized that the onus was on the propounder to prove the Will's authenticity under Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872. Given the unresolved suspicions, the court deemed the original Will invalid and reaffirmed the lower courts' judgments.
Additionally, the court addressed the issue of limitation, ruling that the suit was filed within the permissible timeframe from the date of knowledge, thereby not barred by limitation.
The decision underscores the judiciary's stringent scrutiny of Wills surrounded by suspicious circumstances and reinforces the legal principle that the propounder must dispel all doubts to validate a contested Will.
Bottom line:-
Will - Proof of execution - The propounder of a Will must prove its execution as per Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872. Suspicious circumstances surrounding the Will, such as an implausible age of the executor at the time of execution or absence of mention of daughters in the Will, must be adequately dispelled by the propounder.
Statutory provision(s): Indian Succession Act, 1925 Section 63, Indian Evidence Act, 1872 Section 68, Limitation Act, 1963 Articles 58 and 65, Civil Procedure Code, 1908 Section 100
