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The Will that refused to die: High Court restores trial court’s 1992 order on father’s bequest to son

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On a warm June day in 1985, a man in the prime of his life sat down to do something a court would later call “unusual.” He made a Will on June 19, 1985, in the presence of a deed writer and a witness. Six months later, on January 1, 1986, the man was gone. What he left behind was not just property. It was a question that would stretch across generations of judges: What makes a Will believable? And who gets to decide what is “normal”?Taking up the case that travelled across four decades, Justice Harpreet Singh Brar of the Punjab and Haryana High Court has now ruled that the appellate court discarded a valid, registered Will on conjectures, including the “unusual” age of the testator and exclusion of natural heirs—grounds legally untenable. The assertions came as the Bench ruled in favour of the testator’s son more than three decades after the controversy erupted  The timeline that shaped the verdictJustice Brar’s Bench was told that the trial court in Mansa, on December 5, 1992, upheld the Will after recording evidence of its due execution. “It transpires that the testator executed a registered Will dated June 19, 1985, the due execution and validity of which stand proven through the deed writer/scribe and the attesting witness. Both witnesses categorically deposed that the testator was in a sound and disposing state of mind at the time of execution, a finding duly recorded by the learned trial court,” the Bench asserted.But the First Appellate Court, on August 16, 1995, overturned the finding—triggering a legal battle that culminated nearly three decades later in the High Court.Execution proved, but overturned on ‘unusual’ logicJustice Brar—after hearing the matter twice in less than a month—observed that the appellate court did not even dispute the testimonies or the attestation of the Will. Yet, it proceeded to reverse the decree. The Bench noted that the appellate court set aside the trial court’s reasoned order primarily on the grounds that execution of a Will by a 45-year-old was “unusual”, that such persons do not ordinarily execute Wills, and that the document did not refer to the testator’s wife or the daughters. It also observed that there was no evidence of strained relations between the testator and his wife, and that the plaintiff-beneficiary, being a bachelor, had no occasion to serve his father during his lifetime.Rejecting this approach, Justice Brar asserted: “Section 59 of the Indian Succession Act provides that every person of sound mind, not being a minor, may dispose of his property as long as the testator was a major and of sound mind his age cannot be an impediment.”Turning the reasoning on its head, the court added: “A Will made in the ‘prime of life’ is less likely to be the result of a sudden impulse or the ‘faltering mind’ of old age, and more likely a deliberate, well thought-out plan.”Justice Brar concluded that the appellate court overturned a reasoned judgment without any substantive basis, ignoring uncontroverted evidence. “The first appellate court set aside this finding without any proper discussion or reasoning for disbelieving the attesting witnesses, which is a grave perversity,” the court asserted.Adding a broader caution on appellate jurisdiction, the Bench observed: “The first appellate court cannot reverse a well-reasoned judgment of the Trial Court on pure conjecture. Its findings must be based on evidence on record, which is not the case here.”The Bench did not mince words: “The findings of the first appellate court are perverse, based on no evidence, and contrary to the legal principles laid down by the Hon’ble Supreme Court… The perversity is evident from the fact that the first appellate court dismissed the valid registered Will on the ground that a 45-year-old man cannot execute a Will, a finding that is absolutely illegal and against all known legal precedents.”Setting the clock back to the Trial Court’s findings, Justice Brar ordered: “The impugned judgment and decree dated August 16, 1995, is hereby set aside. The judgment and decree dated December 5, 1992, is hereby restored and affirmed. Consequently, the suit of the appellant-plaintiff stands decreed.”

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