Appellants Failed to Prove The Genuineness/Existence Of The Will – Declared Null and Void: P&H HC

In a significant judgement that may set a precedent in property dispute cases, the High Court of Punjab and Haryana at Chandigarh has declared an alleged Will dated 13.12.1973 as 'illegal and void'. The judgement was pronounced in the case of Narinder Singh @ Nidhan Singh and others versus Jasbir Singh and others, resolving a longstanding dispute over property inheritance.

The Court dismissed the Regular Second Appeal filed by the appellants, upholding the decisions of the lower courts, which had favored the plaintiffs in a suit for declaration with consequential relief of permanent injunction. The appellants had contested the judgements and decrees dated 30.11.2015 by the Civil Judge (Junior Division), Mohali, and 17.11.2022 by the Additional District Judge, S.A.S. Nagar (Mohali).

A critical point in the judgement was the Court's observation on the alleged Will. The Court noted, "The validity and genuineness of the alleged Will executed by Hardial Singh were central to the dispute. The appellants failed to prove the genuineness/existence of the Will, leading to the conclusion that the Will was illegal and void."

The property in question, located in village Tangori, was subject to a mutation of inheritance based on the disputed Will. The Court's decision not only declared the Will void but also deemed the subsequent transfers based on this Will as invalid.

Highlighting the application of the Limitation Act in such cases, the Court observed, "There is no limitation for a suit for declaration based on title, and the cause of action arises from the date of knowledge of the mutation."

This ruling emphasizes the burden of proof on the appellants, as they were unable to produce the original Will or credible secondary evidence. Consequently, their claims were dismissed.

High Court stated, "The appeal was dismissed as no substantial question of law arose for consideration," thereby resolving a complex property dispute and setting a significant legal precedent.

Date of Decision: 12 January 2024

Narinder Singh @ Nidhan Singh and others VS Jasbir Singh and others