S.A. No. 46/2008. Case: Dillon Singh Vs Amruta Bai. High Court of Madhya Pradesh (India)
| Case Number | S.A. No. 46/2008 |
| Counsel | For Appellant: H.K. Verma, Learned Counsel |
| Judges | Sanjay Yadav, J. |
| Issue | Indian Evidence Act, 1872 - Section 68; Indian Succession Act, 1925 - Section 63 |
| Judgement Date | November 14, 2014 |
| Court | High Court of Madhya Pradesh (India) |
Judgment:
Sanjay Yadav, J.
1. Heard on admission.
2. This second appeal at the instance of defendants is directed against the judgment and decree dated 7.9.2007 by District Judge, Balaghat in Civil Appeal No.3-A/2006 affirming the judgment and decree dated 24.12.2005 by Third Civil Judge, Class-II Balaghat in Civil Suit No.86-A/2004.
3. Disbelieving genuineness of Will dated 15.3.1999 said to be executed by Devkibai in favour of Shobhalal bequeathing land bearing Kh.No.41/4 and 43 admeasuring 4.67 acres situated at village Ratnara Halka No.22, Revenue Circle Hatta District Balaghat, trial Court decreed the suit filed by the plaintiff/respondents No.1 for partition holding plaintiff entitled for half of the share i.e. 2.31 acre in the suit property.
4. Detailed analysis of the manner in which the stamp paper were obtained and thumb impression were obtained three-four days prior to death of Devkibai overwriting in the testament and the evidence by the attesting witnesses led the trial Court conclude in paragraphs 13, 14, 15 and 16 of the judgment that the Will Ex.D/1 was not free from doubt that the same was executed out of free Will and without duress and coercion.
5. In H. Venkatachala Iyengar vs. B.N.Thimmajamma & ors. AIR 1959 SC 443 it has been held:
20.There may, however, be cases in which the execution of the will may be surrounded by suspicious circumstances. The alleged signature of the testator may be very shaky and doubtful and evidence in support of the propounder's case that the signature, in question is the signature of the testator may not remove the doubt created by the appearance of the signature; the condition of the testator's mind may appear to be very feeble and debilitated; and evidence adduced may not succeed in removing the legitimate doubt as to the mental capacity of the testator; the dispositions made in the will may appear to be unnatural, improbable or unfair in the light of relevant circumstances; or, the will may otherwise indicate that the said dispositions may not be the result of the testator's free will and mind. In such cases the court would naturally expect that all legitimate suspicions should be completely removed before the document is accepted as the last will of the testator. The presence of such suspicious circumstances naturally tends to make the initial onus very heavy; and, unless it is satisfactorily discharged, courts would be reluctant to treat the document as the last will of the...
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