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Issues:
Validity of the will - Due execution and attestation Validity of bequest in favor of Thakurji Credibility of attesting witness Sahdeo Singh Non-registration of the will Delay in erecting temple and installing deity Relationship between the testator and his family members Analysis: Validity of the will - Due execution and attestation: The deceased left a will appointing his stepbrother as the executor and making provisions for his daughter's marriage and dedicating properties to Thakurji. The trial court found the will duly executed and the testator of sound mind. However, the High Court disagreed, questioning the due execution of the will based on the attesting witness's testimony. The Supreme Court noted that the trial judge's reliance on the attesting witness was justified, and the High Court's reasoning was flawed. Validity of bequest in favor of Thakurji: The lower courts held the bequest to Thakurji void for uncertainty, leading to the rejection of probate. The Supreme Court clarified that the Court of Probate's concern is the proper execution of the will, not the validity of individual bequests. The Court criticized the lower courts for overlooking this legal principle and emphasized that the probate court's role is not to assess the merit of specific bequests. Credibility of attesting witness Sahdeo Singh: The High Court raised doubts about the attesting witness Sahdeo Singh's credibility due to his relationship with the testator's family and the nature of the will. The Supreme Court rejected this reasoning, highlighting Sahdeo Singh's respectable position as an advocate and his past legal engagements with the testator. The Court found no grounds to doubt Sahdeo Singh's testimony and criticized the High Court's skepticism. Non-registration of the will: The High Court relied on the non-registration of the will to question its genuineness. The Supreme Court dismissed this argument, stating that the law does not mandate will registration, and the absence of registration does not cast doubt on the will's authenticity. The Court deemed drawing inferences based on non-registration unwarranted. Delay in erecting temple and installing deity: The High Court noted the testator's failure to build a temple or install a deity after executing the will as a point against its genuineness. The Supreme Court refuted this argument, stating that the will provided for the daughter's marriage and other circumstances could explain the delay in fulfilling the testamentary instructions. Relationship between the testator and his family members: The High Court highlighted past disputes within the family to question the testator's intentions in the will. The Supreme Court examined documentary evidence showing reconciliation between the testator and his family, indicating a settlement of disputes. The Court found the family dynamics did not invalidate the will and criticized the High Court's differing interpretation. In conclusion, the Supreme Court allowed the appeal, directing probate to issue to the petitioner based on the proper execution of the will and dismissing the doubts raised by the lower courts. The Court awarded costs to the petitioner and upheld the validity of the will's provisions, emphasizing the probate court's limited scope in assessing wills.
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