11/02/2026
Mere Admission Of Signature On Paper Does Not Amount To Admission Of WILL; Must Be Proven That Testator Was Aware Of Its Contents: Punjab & Haryana HC
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-mere-admission-of-signatures-on-papers-does-not-amount-to-admission-of-will-testator-signed-being-aware-of-its-contents-needs-to-be-proved-285098
Case Details
This is an appeal (FAO-9567-2014 (O&M)) against a 2014 order by the Additional District Judge, Chandigarh, denying letters of administration for an unregistered Will dated January 26, 1990. The appellant, Rajinder Pal Singh Dhaliwal, claimed the Will was executed by his father, late Col. Sarwan Singh Dhaliwal, and attested by Inderpal Singh Waraich and Malkiat Singh. Justice Pankaj Jain dismissed the appeal on February 17, 2025, upholding the lower court's findings.
Key Facts
Appellant sought probate under Section 276 of the Indian Succession Act, 1925.
Malkiat Singh (PW-2) testified but was deemed untrustworthy due to contradictions, including false statements about the testator's wife's death and prior inconsistent testimony from a Patiala civil court case (Ex.R-1).
The other attesting witness was not examined; suspicious circumstances surrounded the ex*****on under Section 63(c).
Respondent No. 2 contested; a related property suit ended in compromise, ignoring the Will's terms.
The Punjab & Haryana High Court has made it clear that mere admission of signatures on a paper does not amount to admission of Will; in order to prove that the Will was executed by the testator,...
