JUDGEMENT
-
(1.)Interpretation and application of Section 63 of the Indian Succession Act,
1925 as well as Section 68 of the Indian Evidence Act, 1872 vis- '-vis the
requirements of proof of execution of a document falls for consideration in this
appeal which arises out of the judgment dated 21.11.2002 in First
Appeal.No.397/1990 of the High Court of Orissa at Cuttack. However, before we
embark upon the said question, we may notice the facts of the matter in brief.
(2.)Admittedly, one Sarajumani Dasi was the owner of the property in question.
She was aged about 70 years when a Will was allegedly executed by her on or
about 15.1.1982. She expired on 5.6.1983. The beneficiary of the Will was the
first respondent herein. The testatrix was living in a math known as Bharati Math
at Puri. In the Will, she disclosed her profession to be "Singer of Bhajans and
Kirtans". It is not in dispute that the first respondent was a complete stranger to the
family. He is a businessman. His father was one of the disciples of late Taponidhi
Ramakrushna Bharati Goswamy, who had founded the Math wherein the testatrix
was living.
(3.)A deed of sale was also executed by the said Sarajumani Dasi in favour of
advocate Surendra Panda of Puri on the same day. The Will is said to have been
scribed by one Banabehari Upadhyaya (PW-9), an advocate's clerk. He as well as
one Chandramani Das Mohapatra who are said to be the attesting witnesses thereto
also identified the testatrix before the Registering Officer. Respondent No.1
obtained the original Will from the Office of the Registering Authority on
30.1.1982.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.