Punjab & Haryana High Court Dismisses Second Appeal; Upholds Validity of Registered Will and Concurrent Findings

Case Name: Vinod Gupta & Others vs. Saroj Gupta & Others
Date of Judgment: 10 November 2025
Citation: RSA-3951-2016
Bench: Hon’ble Mr. Justice Pankaj Jain

Held: The Punjab and Haryana High Court dismissed the Regular Second Appeal and upheld the concurrent findings of the trial court and the first appellate court validating a registered Will executed by the testatrix Shanti Devi. The Court held that the Will was duly proved in accordance with the requirements of Section 63(c) of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872. The High Court found no suspicious circumstances surrounding the execution of the Will and held that the exclusion of some legal heirs was justified based on the reasons recorded by the testatrix. No substantial question of law arose for consideration, warranting dismissal under Section 100 CPC.

Summary: The plaintiffs, grandchildren of Shanti Devi, filed a suit seeking declaration of 1/4th share in the estate and challenged a Will dated 27.02.2001 as forged and fabricated. The defendants asserted that Shanti Devi executed a valid registered Will while in sound disposing mind, voluntarily leaving properties in favour of sons who had cared for her. Evidence showed that the plaintiffs’ father had predeceased the testatrix and that she had been residing with and cared for by the beneficiaries. During trial, three attesting witnesses appeared and confirmed execution of the Will. The trial court dismissed the suit after holding that the plaintiffs failed to prove allegations of forgery. The first appellate court affirmed the findings. In second appeal, the plaintiffs argued that the execution was not proved in terms of statutory requirements and that exclusion of natural heirs created suspicion. The respondents submitted that contradictions pointed out were minor and expected after passage of time, and all legal requirements stood satisfied.

Decision: The High Court held that execution of the Will was duly proved, noting that all three attesting witnesses supported the registration and execution steps, including the testatrix affixing her thumb impression before the Sub-Registrar. The Court rejected the argument that cordial family relations created suspicion, holding that the Will itself clearly recorded reasons for preferring certain heirs based on caregiving and proximity. The Court reiterated that suspicious circumstances must be real and not assumed, and exclusion of legal heirs does not, by itself, invalidate a Will. As both courts below had correctly applied the law and appreciated evidence, and no perversity or legal error was shown, the second appeal was dismissed. Pending applications, if any, were also disposed of.