SA/118/2022
2022 Latest Caselaw 3383 UK

                      Office Notes,
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      18.10.2022                        SA No.118 of 2022
                                        Hon'ble Alok Kumar Verma, J.

The proposed appellant-plaintiff had filed Original Suit (No.138 of 2012) for cancellation of Will dated 13.02.2009. The said Original Suit was dismissed. Against the judgment and decree dated 24.10.2017, passed by the learned Trial Court, the appellant had filed a Civil Appeal (No.24 of 2018). The said appeal has been dismissed vide judgment dated 22.07.2022. Against the said judgment and decree, the present proposed Second Appeal has been filed.

Heard Mr. Navnish Negi, the learned counsel for the appellant.

The learned counsel for the appellant submitted that the appellant is the grandson of the testator, whereas, the respondent-defendant is daughter of the testator. He further submitted that according to the respondent-defendant a Will dated 13.02.2009 was executed by the testator in her favour. The appellant- plaintiff had filed the said Original Suit alleging that the said Will was not genuine since, the mandatory requirements were not complied with. He further submitted that the learned Courts below were not justified to hold that the appellant-plaintiff is under obligation to satisfy the suspicious circumstances with regard to the execution of the said Will.

Having heard the learned counsel for the appellant, the Second Appeal is admitted on the following substantial questions of law:-

(i) Whether onus can be placed on the plaintiff and not on the propounder of the Will to remove all suspicious circumstances with regard to the execution of the Will?

(ii) Whether the registered Will by itself stand proved and genuine without complying the statutory requirements, as required, under Section 63 of the Indian Succession Act?

Issue notice to the respondent. Steps to be taken within a week. List this case on 21.01.2023.

(Alok Kumar Verma, J.) 18.10.2022

Neha