Sucha Ram (since deceased) through Lrs v. Lachhman Dass, 2020 PLRonline 5205
The testimony of attesting witnesses is silent with regard to the drafting and execution of a will by the CR. The will in question has not been proved in accordance with the provisions in law.
Every co-sharer is treated to be in possession of every inch of joint land. The respondents-plaintiffs would be entitled to joint possession of the suit land being co-owners to the extent of share determined by the court
The contention that a suit for declaration simpliciter without seeking relief of possession is not maintainable is patently misconceived and liable to be rejected.
Indian Succession Act S. 63(c) – Will – Testimony of attesting witnesses is silent with regard to drafting, execution of Will by CR – He has only deposed about signatures of himself, other attesting witness and CR before the Sub Registrar – Will in question has not been proved in accordance with the provisions in law.
Co- owners – Declaration with regard to their being co- owners of suit land to the extent of a particular share on the basis of natural succession – Every co-sharer is treated to be in possession of every inch of joint land – As such, the respondents-plaintiffs would be entitle to joint possession of suit land being co-owners to the extent of share determined by the court – Since the respondents-plaintiffs could not seek possession nor partition of agriculture land before the civil court, contention that suit for declaration simpliciter without seeking relief of possession is not maintainable, is patently misconceived and liable to be rejected.
Limitation – In the given circumstances, cause of action to express grievance against Will in dispute accrued only when the respondents learnt about particulars of the Will.
