Case Note & Summary
The case involves a probate appeal under Section 299 of the Indian Succession Act, 1925, challenging the judgment of the Civil Judge (Senior Division), Chandrapur, which granted probate of the Will Deed dated 06.10.2000 executed by deceased Rangubai in favour of respondent No.1 (the applicant). The appellant, Diwakar Bomkanthiwar (non-applicant No.1), is the son of the testatrix, while respondent No.1, Seema Regundwar, is her daughter. The testatrix had two sons and two daughters. The fixed deposits of Rs.1,60,000/- were kept in the joint names of Rangubai and the appellant. The appellant contended that the will was false and fabricated, executed under undue influence, and that the testatrix had no right to bequeath the fixed deposits as they were joint property. The trial court allowed the probate application, leading to this appeal. The High Court framed the issue of whether the propounder had discharged the burden of proving due execution and whether any suspicious circumstances existed. The court analyzed the evidence, including the testimony of the attesting witness and the notary, and found that the will was duly executed and attested. The court held that the appellant failed to prove any suspicious circumstances such as undue influence or fraud. The court also noted that the testatrix had the right to bequeath her own property. Consequently, the appeal was dismissed, and the trial court's order granting probate was upheld.
Headnote
A) Succession Law - Probate - Execution and Attestation of Will - Section 63 of Indian Succession Act, 1925 - The court examined whether the propounder of the will had discharged the burden of proving that the will was duly executed and attested as per law. The court held that the propounder must prove that the testator signed the will in the presence of two attesting witnesses who attested it in the presence of the testator. In this case, the propounder examined one attesting witness and the notary, which was sufficient to prove due execution. (Paras 5-10) B) Succession Law - Suspicious Circumstances - Burden of Proof - Section 63 of Indian Succession Act, 1925 - The court considered whether the appellant had raised any suspicious circumstances regarding the execution of the will, such as the testator's illiteracy, old age, or the propounder's active role. The court held that mere illiteracy or old age does not constitute a suspicious circumstance unless there is evidence of undue influence or fraud. The appellant failed to prove any such circumstances. (Paras 11-15) C) Succession Law - Right of Testator to Bequeath - Section 59 of Indian Succession Act, 1925 - The court held that a testator has the right to bequeath her own property, including fixed deposits held in joint names, as long as she is the sole owner. The appellant's claim that the fixed deposits were joint property was not substantiated. The court upheld the testator's right to dispose of her property by will. (Paras 16-18)
Issue of Consideration
Whether the Will Deed dated 06.10.2000 executed by deceased Rangubai in favour of respondent No.1 was genuine and validly executed, and whether the appellant (non-applicant No.1) had successfully raised suspicious circumstances to rebut the presumption of genuineness.
Final Decision
The appeal is dismissed. The judgment and order dated 29.06.2010 passed by the learned Civil Judge (Senior Division), Chandrapur, granting probate of the Will Deed dated 06.10.2000 in favour of respondent No.1 is confirmed. No order as to costs.
Law Points
- Burden of proof in probate proceedings
- Execution and attestation of will under Section 63 of Indian Succession Act
- 1925
- Suspicious circumstances surrounding will
- Presumption of genuineness of registered will
- Right of testator to bequeath property
