Case Note & Summary
This case arose from a probate dispute concerning the validity of a Will executed by Rajendra Singh in favor of Sarjug Singh. The Patna High Court had allowed the appeal of the probate applicant, concluding that the Will was not cancelled, thereby reversing the trial court's decision which had found the Will revoked by a registered deed. The trial court had determined that the cancellation deed was genuine, supported by expert testimony, while the appellate court questioned the testator's capacity to execute the deed due to his health condition. The objectors claimed that the Will was revoked and presented evidence to support their position, including the cancellation deed. The Supreme Court analyzed the evidence, particularly the expert's report on the thumb impression and the conduct of the parties regarding the production of the original cancellation deed. The court found that the High Court had erred in disregarding the material evidence and in its assessment of the cancellation deed's genuineness. The Supreme Court restored the trial court's judgment, affirming the revocation of the Will and allowing the appeal of the objectors.
Headnote
A) Probate Law - Revocation of Will - Validity of Cancellation Deed - Indian Succession Act, 1925, Section 63 - The court examined whether the Will executed by Rajendra Singh was revoked by a registered deed and found that the trial court correctly held that the Will was cancelled by the testator himself. The appellate court's reliance on the testator's health condition was deemed erroneous as the evidence supported the genuineness of the cancellation deed (Paras 25-26).
Issue of Consideration
Whether Rajendra Singh had revoked the Will in favour of Sarjug Singh and the genuineness of the Cancellation Deed.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and restored the trial court's judgment, affirming that the Will was revoked by Rajendra Singh.
Law Points
- Probate
- Will
- Cancellation Deed
- Genuineness of Documents
- Mode of Proof
- Burden of Proof
