Case Note & Summary
The appeal challenges the judgment and order dated 17-10-2004 passed by the Civil Judge Senior Division, Khamgaon in Probate Case No. 12 of 2010. The appellants, who are objectors to the probate of a will allegedly executed by late Prabhakar Ramrao Ugwekar, contended that the testator had no legal right, title or interest in the property mentioned in the will. The will was registered after the death of the testator, which raised suspicion. The propounder of the will, Kisan Laxmanrao Deshmukh, failed to discharge the burden of proving that the testator had full title to the property. The court noted that in Special Civil Suit No. 3 of 1978 decided on 31-08-1984, the appellant Ratnaprabha had obtained a decree for partition and was held entitled to a 3/15 share in the suit property. The propounder did not establish the testator's ownership. The court held that the burden never shifted to the appellants. The appeal was allowed, setting aside the impugned judgment and order.
Headnote
A) Succession Law - Probate of Will - Burden of Proof - Propounder must establish testator's title to property - The propounder of a will has the heavy burden to prove that the testator had full right, title and interest in the property bequeathed. In this case, the propounder failed to discharge this burden, and the burden never shifted to the appellants. (Paras 2-4)
Issue of Consideration
Whether the propounder of the will discharged the burden to establish that the testator had full right, title and interest in the subject property to dispose of by will.
Final Decision
Appeal allowed. Impugned judgment and order dated 17-10-2004 passed by Civil Judge Senior Division, Khamgaon in Probate Case No. 12 of 2010 is set aside.
Law Points
- Burden of proof on propounder of will
- Testator must have title to property
- Will registered after death raises suspicion
- Propounder must discharge initial burden
