[2015(2) CIVIL COURT CASES 100 = 2015(2) HLR 172]
PUNJAB & HARYANA HIGH COURT
(SNEH PRASHAR, J.)
SURINDER SINGH (SINCE DECEASED AND NOW REPRESENTED BY HIS LEGAL HEIRS) Appellant
VERSUS
PIARA SINGH Respondent
R.S.A. No. 1498 of 1986
Decided on 16-11-2014.
(A) Evidence Act, 1872, Section 69 - Will - Proof of Will – When attesting witnesses not found – Held that, it becomes incumbent upon the propounder of the Will to prove two facts (i) that the attestation of one attesting witness atleast was in his handwriting; and (ii) that the signatures of the executant is in his handwriting.
(Para 13)
(B) Evidence Act, 1872, Section 68 – Succession Act, 1925, Section 63(c) - Will – Proof of Execution - Suspicious Circumstances - A Will is not a document which can be admitted in evidence without complying with the provisions specifically stipulated for proving the same - Factum of existence of the Will brought to light by the plaintiffs only when they filed the present suit on 24.09.1983 - Plaintiffs alleged that after the death of their father the Will was found from amongst the documents belonging to their father - No witness, a relative or an independent person, was examined to prove the said factum - It does not appeal to a prudent mind that ‘H’ executed a Will long before his death i.e. almost six years prior to his death but did not mention about the same to any of his family members/legatees - It also does not sound natural that he did not hand over his Will to some responsible person of his choice and left the same concealed amongst other document - He did not take his daughter ‘B’ in confidence before or after executing the Will even though he was excluding her from inheritance, when it is not the case of either side that he did not enjoy good relations with her - All the said circumstances which are material go a long way to raise strong suspicion regarding execution of the Will.
(Para 16)
(C) Evidence Act, 1872, Section 68 – Succession Act, 1925, Section 63(c) - Will – Proof of Execution - Registered Will - PW1 ‘P’ in his cross-examination admitted the facts deposed by DW1 ‘S’ that the last remains of ‘H’ were taken to Kiratpur by defendant No.1 ‘S’ and that Holly Guru Granth Sahib was recited by ‘M’ - To a quarry put to him about the total expenditure incurred on last rites of ‘H’ he stated that ‘S’ must be knowing about the same - To another quarry put to him regarding the bank account, if any of ‘H’ his answer was the same that it must be in the knowledge of ‘S’ - Defendant ‘S’ examined ‘M’ DW3 who affirmed the fact that entire expenditure of the recital of the Holly Guru Granth Sahib after the death of ‘H’ was incurred by defendant ‘S’ - Statement of PW1 ‘P’ himself is sufficient to establish that prior to his death ‘H’ was living with his grandson defendant ‘S’ who was rendering services to him - Plaintiff ‘P’ was residing separate from his father - There is no reason to disbelieve defendant ‘S’ that out of the love and affection and in lieu of the services rendered to him ‘H’ executed the Will Ex.D1 in his favour - Will was registered is an additional factor to prove that the Will was duly executed and that the testator was in a sound and disposing mind at the time of execution of the said Will – ‘H’ remained sick for 10-15 days prior to his death, it cannot outrightly be concluded that the old man was not in a sound 2015 STPL(Web) 1707 P&H 2 Surinder Singh (Since Deceased and Now Represented by His Legal Heirs) Vs. Piara Singh Supreme Court Judgements @ www.stpl-india.in and disposing mind as Will was executed four months prior to his death - Since the Will was registered, it becomes needless to say that ‘H’ had appeared before the Sub Registrar and admitting and accepting the contents of the Will Ex.D1 had thumb marked on the same before the said authority - Due execution of the Will Ex.D1 is established, it is not proved to be surrounded by any suspicious circumstance whereas the plaintiffs had completely failed to prove execution of the Will Ex.P2 - Will Ex.D1 being the last testament of ‘H’ had to prevail.
(Paras 20 to 23)
Comments
Post a Comment