ASHISH VIRMANI Vs. STATE

JUDGEMENT

(1.) ONE executes a will hoping that when he is no longer in the world of the living his assets would be distributed as per his wishes reflected in the will. But dispute pertaining to the will surfaces when the testator is no longer available to throw light on issues which arise when the will is disputed.

(2.) SINCE a will is a solemn document recognized by law under which a dead man entrusts to the living the obligation of carrying out his wishes and since it is impossible to recall the dead man to admit or deny his signatures or to explain the circumstances under which he executed the will, it is necessary that trustworthy and effective evidence is brought on record by the propounder of the will to sustain the will. Evidence has to be of such nature that it satisfies the judicial conscious of the court that the testator executed the will without undue influence and in a sound testamentary state of mind.

(3.) LATE Sh. Bakhshish Singh s/o late Sh. Dalip Singh died on 29.12.1986. He was survived by his wife Smt. Maya Devi and three daughters namely, Smt. Krishna Kalia, Smt Satinder Virmani and Smt. Kamlesh Ahuja. All three daughters were married. The deceased was the owner of property bearing municipal No. C -37, Rajouri Garden, New Delhi. It is admitted case of all parties that said property was acquired by deceased out of his self earned funds and as a consequence deceased was empowered to deal with the property as per his wishes.