SHYAM vs BRIJ FAO 439/08 11/02/11 

[ DELHI HIGH COURT ]

• Succession Act Section 63 Execution of the will Whether the Will dated 09.12.1994 propounded by the Petitioner is the last Will and testament of deceased and it has been executed by her in sound disposing mind and it is a valid Will The learned ADJ has thus ignored the explanation furnished by the testatrix for bequeathing the residential house in favour of the Appellants inasmuch as the testatrix has given the residential house to the Appellants while she has given the business left by her husband to the other two sons. As far as the capacity of the deceased testatrix in having executed the Will in question, the very fact that the property stands in the name of the deceased testatrix itself proves capacity of the testatrix to execute the Will — The question of inheritance of the shop which admittedly was inherited by the deceased testatrix as a sole tenant after the death of her husband also cannot be considered as a suspicious circumstance for having deprived those sons who are now carrying out the business in the shop of her husband to the exclusion of the other sons to whom the house has been bequeathed Appeal is allowed

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SUDHIR KHANNA. Versus JUGAL KISHORE KHANNA (DECEASED THROUGH LRS) AND ORS. judgment delhi high court

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