The court ruled that the presumption of authenticity for documents over 30 years old does not apply to wills, requiring strict proof of execution and attestation.
In a landmark judgment, the Chhattisgarh High Court has dismissed the appeal of Rampyare and others, upholding the lower courts' decisions against the plaintiffs in a long-standing land dispute. The case revolved around the validity of a will purportedly executed by Mahadev Ahir in 1958, which the appellants claimed bequeathed the disputed land to their father, Ramavatar Ahir. The plaintiffs sought a declaration of title, possession, and a permanent injunction against Ramkishun, their uncle, who allegedly took possession of the land unlawfully.
Presiding Judge Bibhu Datta Guru emphasized the legal requirements for proving a will, stating that the presumption under Section 90 of the Indian Evidence Act, which applies to documents over 30 years old, does not extend to wills. Instead, compliance with Section 63 of the Indian Succession Act and Sections 68 and 69 of the Indian Evidence Act is mandatory for proving a will's execution and attestation.
The court noted that the will's scribe and attesting witnesses were deceased, and the plaintiffs failed to present sufficient evidence to prove the will according to legal standards. Consequently, the will's validity was deemed "not proved," and the plaintiffs' claim of title based on the will was found unsustainable.
The judgment reaffirmed the limited scope of interference in second appeals under Section 100 of the Civil Procedure Code, stressing that concurrent findings of fact by lower courts are not to be disturbed unless shown to be perverse or legally erroneous.
This decision aligns with previous rulings by the Supreme Court and other high courts, which have consistently held that the presumption regarding documents over 30 years old does not apply to wills, requiring strict proof to establish their validity.
Bottom Line:
Presumption under Section 90 of the Indian Evidence Act regarding documents over 30 years old does not apply to a Will. A Will must be proved in compliance with Section 63 of the Indian Succession Act and Sections 68 and 69 of the Indian Evidence Act.
Statutory provision(s): Indian Evidence Act, 1872 Sections 68, 69, 90; Indian Succession Act, 1925 Section 63; Civil Procedure Code, 1908 Section 100
Rampyare v. Ramkishun, (Chhattisgarh) : Law Finder Doc id # 2846646
