2023 (9) TMI 1275 - SC - Indian Laws

Execution of the Will in favour of the Plaintiffs - Will being a forged document or not? - whether there are sufficient grounds that warrant interference with the concurrent findings of the fact, upholding validity of a Will? - Second marriage and bigamy - HELD THAT - A Will is an instrument of testamentary disposition of property. It is a legally acknowledged mode of bequeathing a testator s property during his lifetime to be acted upon on his/her death and carries with it an element of sanctity. It speaks from the death of the testator. Since the testator/testatrix, at the time of testing the document for its validity, would not be available for deposing as to the circumstances in which the Will came to be executed, stringent requisites for the proof thereof have been statutorily enjoined to rule out the possibility of any manipulation. Coming to the facts of the case, a careful perusal of the relevant material on record and applying the provisions and the case laws it is evident that the Will was duly executed by the testator in the presence of witnesses out of his free Will in a sound disposing state of mind and the same stands proven through the testimony of one of the attesting witnesses, namely, Suraj Bahadur Limboo who was examined as PW2 by the Civil Court. This witness categorically states that the testator executed the Will in question and, both he and the testator signed the Will in the presence of each other. There is no evidence on record to conclude that the deceased was not in a fit or stable mental condition at the time of execution of a Will, or that a Will was executed under suspicious circumstances, or the presence of any element of undue influence - both the courts below have rightly noted that the relevant provisions were complied with, and given the well reasoned order upholding the validity of the Will, the same does not warrant interference of this court. Second marriage and bigamy - HELD THAT - Such submissions are not entertained as the same is not a relevant factor in deciding the main lis, which is confined to the validity of the Will. Since the validity of the Will stands proven according to settled principles of law, consequential benefits be disbursed accordingly - appeal dismissed.

Summary

Issues involved:
The issues involved in the judgment are the validity and execution of a Will, compliance with statutory provisions, and the presence of suspicious circumstances surrounding the execution of the Will.

Validity and Execution of the Will:
The judgment revolves around the validity and execution of a Will executed by the testator, Bahadur Pradhan, seven days before his death. The Plaintiffs filed for a succession certificate, which was initially granted but later reversed by the High Court, leading to proceedings under Section 276 of the Indian Succession Act 1925. The Civil Court upheld the validity of the Will based on the testimony of an attesting witness, Suraj Bahadur Limboo, and issued Letters of Administration. The High Court affirmed this decision, emphasizing compliance with statutory provisions under Section 63 of the Succession Act and Section 68 of the Indian Evidence Act.

Compliance with Statutory Provisions:
The judgment highlights the importance of complying with the statutory requirements for the execution of a Will. Section 63 of the Succession Act mandates specific rules for the execution of a Will, including the signature of the testator or another person in the presence of witnesses. The court emphasized that the requirements under Section 63 must be categorically fulfilled for the execution of the Will to be proven under Section 68 of the Evidence Act.

Presence of Suspicious Circumstances:
The judgment delves into the presence of suspicious circumstances surrounding the execution of the Will. Citing various legal precedents, the court outlined principles for proving the validity and execution of a Will, emphasizing factors such as the testator's sound state of mind, awareness of the Will's content, and the absence of undue influence. The court concluded that there was no evidence to suggest that the Will was executed under suspicious circumstances or undue influence, ultimately upholding the validity of the Will.

Second Marriage and Bigamy Allegations:
The judgment addressed allegations of second marriage and bigamy but deemed them irrelevant to the main issue of the Will's validity. The court refrained from entertaining these submissions, focusing solely on the determination of the validity and execution of the Will. Consequently, the court dismissed the appeal, affirming the lower courts' decision to uphold the validity of the Will and ordered the disbursement of consequential benefits accordingly.