2019 Update

2019 SCeJ 279



Transfer of Property Act, 1882 – Property received by Will is to be considered as a self-acquired property . 2019 SCeJ 279




Will – Registration of the Will is not mandatory - Attestation of the Will by the testator and 2 attesting witnesses is separate than the act of getting the same registered - There can be a gap of some days in between execution and attestation of Will by the attesting witnesses and registration - Registration of Will is only optional.        (2019-1) Punjab Law Reporter 639                         

Will - Revenue record not updated for over 2 decades – Updating the revenue record is a function of the revenue officials and does not create a right, or title or interest in the property..... Succession in favour of successor accrues immediately on the death of the owner - Delay in updation of revenue record creates a suspicion, however, that alone cannot be made basis to decline the claim based on evidence.      (2019-1) PUNJAB LAW REPORTER 


 Annual subscription Rs. 2800/- (2019)

punjablawreporter@gmail.com / 9463598502


PLR Supreme Court e@journal

  Annual subscription Rs. 1000/-

4-5 UPDATES A WEEK   / Full text with Headnotes through email / WhatsApp

 FREE with Punjab Law Reporter Subscription. 

Will - Entry of a mutation on the basis of a will, would not prove that a will was actually executed and duly proved. (2018-1 ) PUNJAB LAW REPORTER 

Will – Evidence – Merely because, the scribe and the sub-Registrar has stated that the witnesses and the executant had put their signatures in their presence, does not mean that the signatures have been connected to the attesting witness or the executant of the Will - The connecting link between the signatures and the person stated to have signed this document is lost the moment, as these witnesses admitted, that they do not know the witness and the executant personally.  (2018-1 ) PUNJAB LAW REPORTER 

Will – Framing of issue – Both the parties had led evidence on the issues at the appropriate stage as indicated above – Arguments impugning the order declining the application for framing additional issue is wholly fallacious and not tenable.       (2018-1 ) PUNJAB LAW REPORTER 

Will – Has been able to prove the registered Will through registration clerk and attesting witness - Both the attesting witnesses have remained coherent and consistent despite extensive cross-examination - All these factors weighed in the mind of the Courts below and found that the affidavit had not been proved as the Will prevailed – The appellant was reflected as owner to the extent of 1/6th share each in respect of Delhi property – Appellant has not been able to discharge the onus for proving the basic ingredients of loss and existence which are required for the purpose of leading secondary evidence – For the property situated at different Districts or States, either of the Court can entertain the dispute, therefore, argument with regard to Mukerian Court did not have the territorial jurisdiction, is not tenable and the same is hereby hereby rejected.      (2018-3) PUNJAB LAW REPORTER

Will – If during the course of cross-examination, the witness could not identify his thumb impression that itself cannot be taken as a factor to ignore a registered Will - Once he has fulfilled the requirement of Section 63(c) of the Indian Succession Act, 1925  and  Section 68 of the Indian Evidence Act, 1872, the registered Will cannot be ignored – Evidence Act, 1872 (1 of 1872) Section 68 – Succession Act, 1925 (39 of 1925) Section 63(c).   (2018-1 ) PUNJAB LAW REPORTER 

Will – Is required to be proved in accordance with Section 68 of the Indian Evidence Act -  There is no requirement that official from the office of Sub-Registrar must be examined to prove the registration of the Will -  The registration of the Will is established from the signatures and seal of the Sub-Registrar existing on the Will.  (2018-1 ) PUNJAB LAW REPORTER 

Will - Not in dispute that the Will has been proved in accordance with Section 68 of the Evidence Act - Once the Will is not required to be compulsorily registered merely because the Will was executed in the tehsil premises but not registered, would not itself make the Will doubtful.  (2018-1 ) PUNJAB LAW REPORTER 

Will – On examination, it is apparent that at the first page of the testamentary document, because of old age, his signatures appears to be shaky that is why the professional scribe got his left thumb-impression on the first page as well as on the second page - Still further, a photograph has been affixed on the first page of the testamentary document which is duly attested by the Sub-Registrar who had registered the testamentary document – Merely because the first page also bears the signatures of the testator, it cannot be treated as a suspicious circumstance.   (2018-3) PUNJAB LAW REPORTER

Will – Once all the three sons had got mutation of the agricultural land on the basis of the Will (testamentary document), it will certainly be the factor to be noticed while deciding genuineness of the Will (testamentary document).  (2018-1) PUNJAB LAW REPORTER

Will – Once the Will is claimed by the plaintiffs, it is their duty to prove the Will as per the requirement of Section 63 of the Indian Successions Act, and as per the standards required in Section 68 of the Evidence Act and, further, as per the requirement of Section 47 of the Evidence Act if the attesting witnesses are not available - Since it is the requirement of the Evidence Act that the document required to be attested have to be proved only by proving the signatures of the executant and the attesting witness, therefore, the pleading or omissions on the part of the defendants to put the suggestions to the witnesses of plaintiff are totally irrelevant - To obtain the decree of the Court, the plaintiffs are required to prove their case as per the standards of law – Evidence Act (1 of 1872) Section 63, 68, 47. Gurdial Singh v. Baj Singh . (2018-1 ) PUNJAB LAW REPORTER 

Will – Once the Will is the basis of sanction of the mutation which the plaintiff was challenging; the plaintiff was under duty to challenge the Will as well - Unless the Will itself is challenged by the plaintiff, the mutation only cannot be set aside - A bare perusal of the plaint filed by the plaintiff shows that there is not even a single line questioning the execution or the validity of the Will of the deceased. (2018-3) PUNJAB LAW REPORTER

Will – Secondary evidence – Plea that its original was produced at the time of sanction of the mutation and subsequently it is lost – Plea in the application is sufficient to permit the respondents to prove the 'Will' in question by way of secondary evidence – In case, respondents had filed affidavit supporting the contents of their application that was more than sufficient to allow their prayer - Even otherwise, no objection was raised before the trial Court by the petitioners for not filing any affidavit supporting the contents of the application - Therefore, this plea cannot be permitted to be raised before this Court – Order allowing secondary evidence – Upheld. (2018-3) PUNJAB LAW REPORTER

Will – That the stamp on the endorsement is of the mortgage - This is a mistake which was committed by the office of the Sub-Registrar - Testator had gone to the Sub-Registrar for registration of the testamentary document - He got the testamentary document registered and as directed put his thumb impression, therefore, the entire body of the testamentary document does not even remotely refer to the mortgage – Wrong stamp on the back of the page where the testamentary document has been executed would not make doubtful. (2018-3) PUNJAB LAW REPORTER

Will – Unregistered – The signature of the testator is not at the end of the page of the Will but on the left hand side where witnesses put their signatures - There is a gap in the line for purpose of adjustment of the page - Both the witnesses have not deposed in terms of the provisions of Section 63(c) of the Indian Succession Act as there is no reference that they appended signatures on the direction of the testator – Contents of the Will also do not reveal reasons as to why by there was disheritance from the line of natural succession – Will surrendered by suspicious circumstances – Indian Succession Act 1925 (39 of 1925) Section 63(c). (2018-3) PUNJAB LAW REPORTER

Will – Was executed before a licenced scribe and after  execution of the Will it was presented before the Sub-Registrar in the presence of the testator and both the attesting witnesses – Has  put his thumb impressions on the endorsement where registration of the Will is endorsed - Therefore, the learned first appellate Court was incorrect in recording a finding that there is no evidence of the registration.  (2018-1 ) PUNJAB LAW REPORTER 

Will – Was suffering from suspicious circumstances as it was stated to be scribed in Tehsil Complex Phillaur, wherein admittedly, few of the deed writers sit but DW3 Jasbir Singh was not a regular deed writer and register has not been properly maintained by him in the manner required to be - To a specific question in the cross-examination, he candidly admitted that when he appeared before the revenue Court, in the mutation proceedings with regard to the Will, one of the page of the register was blank and there was only one thumb impression and that page was written by him now - No explanation has come forward as what was the reason for filling that blank paper, much less register was not page marked – There is a requirement of law that witnesses have to append the signatures impressions on the direction of the testator – The aforementioned clause is explicity wanting – Succession Act, 1925 (39 of 1925) Section 63(c). (2018-3) PUNJAB LAW REPORTER

Will – While executing the Will the testator is not required to give reasons as to why he is preferring a particular person for bequeathing his property – Had executed the Will in favour of his two sons – Had also given various properties to his other legal heirs including children of another son through a civil court decree.    (2018-1 ) PUNJAB LAW REPORTER 



Register SCeJ  Free Updates*

Supreme Court e@journal

Subscribe or take a 4 week FREE trial 

Note: Please fill out the fields marked with an asterisk.