Partition Suit
Will and settlement deeds—Proof of—Object of trial is to enable the parties to adduce credible oral and documentary evidence to substantiate their rival stands—If the Will or the settlement deeds are relied on by appellants, then burden was on them to prove said documents in manner known to law—Documents were not proved by examining attesting witnesses—Will and settlement deeds had not been proved in manner known to law and the appellants had failed to comply with the stipulations under Section 63(C) of the Indian Succession Act and Section 67 of the Bharatiya Sakshya Adhiniyam, 2023.
[Paras 22 & 24]
Rejection of Will on ground of mis-description of age of testatrix and mentioning of one of her son as minor instead of major—Propriety—When there is a mis-description of the age or other aspects, then a strong suspicion arises around execution of the documents—Courts below had correctly rejected that no right had flowed under the Will and that it had not been proved in manner know to law.
[Para 25]
Validity of gift deeds/settlement deeds—Unless the documents are proved, no right would flow to the beneficiaries—Courts below were justified in examining the validity of the gift deeds/settlement deeds and rejecting them since they were not proved in manner known to law even though the beneficiaries could have acted under them.
[Paras 26 to 28]