Punjab and Haryana High Court Upholds Validity of Contested Will: “No Suspicious Circumstances Surrounding the Execution of the Will”

In a significant ruling, the Punjab and Haryana High Court has overturned the decision of the First Appellate Court, thereby upholding the validity of a contested will. The case involved a dispute over the ownership of agricultural land, originally owned by Ajmer Singh, who had passed away. The legal battle was between Pritam Kaur, represented by her legal heirs, and the children of Ajmer Singh’s sister, Gurdial Kaur.

Justice Manisha Batra, presiding over the case, stated, “The appellant Smt. Pritam Kaur who was the propounder of the Will in question had produced sufficient, cogent and convincing evidence on record of such nature which removed all the circumstances which could be considered to be suspicious.” [Para 23]

The High Court meticulously examined the evidence and found that the First Appellate Court had erred in its judgment by considering certain circumstances as “suspicious.” One such circumstance was the non-registration of the will. Justice Batra clarified, “It is well settled proposition of law that a Will cannot be viewed with suspicion only because the propounder had played an active role in execution thereof.” [Para 22]

Another point of contention was the location where the will was executed. The High Court found no issue with the will being executed in the natal village of Pritam Kaur, rather than in the native village of the testator, Ajmer Singh. “This discrepancy cannot be stated to be of such nature on the basis of which even otherwise cogent and convincing statements of the appellant and the attesting witness could be discarded,” said Justice Batra. [Para 23]

The High Court’s decision has significant implications for cases involving contested wills, emphasizing the importance of thorough examination of evidence and circumstances surrounding the execution of a will.

Date of Decision: 27 July 2023

Pritam Kaur (Since deceased) vs Rajinder Singh and others         

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