VidhiSangh

Supreme Court of India · 17/12/2019

RAJ KUMARI AND OTHERS versus SURINDER PAL SHARMA

[2019] 18 S.C.R. 872 · 2019 INSC 1388

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Summary

The Court restored a preliminary partition decree after holding that the propounder had not proved a registered will excluding other heirs. Registration did not dispense with examination of an available attesting witness. Section 71 could not excuse failure to summon a witness merely because he was related to the opposing party; independently, the surrounding evidence left substantial suspicions about the document’s understood testamentary character unresolved.

Issues

  1. Whether registration and Section 71 permitted proof of a will without examining an available attesting witness.
  2. Whether the other evidence removed legitimate suspicions surrounding execution.

Provisions considered

Held

Result

Appeal allowed without costs. The High Court judgment was set aside and the trial court’s judgment and preliminary partition decree of 17 January 2018 restored.

Judgment PDF: Supreme Court of India, [2019] 18 S.C.R. 872.