Punjab and Haryana High Court Dismisses Appeal Over Unregistered Will Citing Untrustworthy Witness Testimony – Key Legal Precedents and Analysis" Rajinder Pal Singh Dhaliwal v. General Public & Others

Summary:
In the case of Rajinder Pal Singh Dhaliwal v. General Public & Others (FAO-9567-2014), the Punjab and Haryana High Court, Chandigarh, dismissed an appeal against the order of the Additional District Judge, Chandigarh, which had rejected the petition for a letter of administration concerning an unregistered will dated 26.01.1990 executed by late Col. Sarwan Singh Dhaliwal. The appellant, Rajinder Pal Singh Dhaliwal, sought to propound the will, but the court found the testimony of attesting witness Malkiat Singh untrustworthy and inconsistent.

The court noted discrepancies in Malkiat Singh's statements, including contradictions with his testimony in an earlier civil suit at Patiala (Ex.R-1). The court ruled that the attesting witness’s failure to maintain a consistent and reliable account cast serious doubt on the authenticity of the will. Despite arguments from the appellant’s counsel about the time gap and the limited role of the attesting witness in knowing the will’s contents, the court upheld the lower court’s decision.

Key Judgments Cited:

• Kavita Kanwar vs. Mrs. Pamela Mehta & Ors. (2020 AIR SC 2614): Emphasized the importance of removing suspicious circumstances and the need for strong, unimpeachable evidence when proving a will.
• Shivakumar & Ors. v. Sharanabasppa & Ors.: Reaffirmed that the burden of proof lies with the propounder of the will and that any suspicious circumstances must be clearly addressed.

Court’s Observation:
The court reiterated that the mere admission of signatures does not establish the authenticity of a will. The judicial conscience must be satisfied that the testator executed the will with full awareness of its contents. The failure to produce consistent and credible testimony from the attesting witness led to the dismissal of the appeal.

Conclusion:
The appeal was dismissed on 17.02.2025 by Hon’ble Justice Pankaj Jain, affirming that the propounder of a will must present reliable and consistent evidence to prove its validity.

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#IndianJudiciary #WillDispute #PunjabHaryanaHighCourt #LegalUpdate #InheritanceLaw #UnregisteredWill