Case Brief (Rewritten): Sheikh Anis Ahmad v. State

The appellant applied for letters of administration (legal permission to manage an estate) for a Will dated November 20, 1984, claiming it was made by Mst. Nawab Begum. However, the third respondent opposed this and presented a different Will dated June 5, 1992, claiming it was made in her favour. This later Will was registered and signed by two witnesses.

But when one of the witnesses, while examined in court, he said that he did not know the testatrix (Nawab Begum) and had not signed in her presence, which raised doubts about its authenticity. Despite this, the trial court still accepted the 1992 Will as valid. 

The appellant then appealed to the Delhi High Court, arguing that the Will was not genuine and that the trial court has erred by accepting new arguments that were not originally raised during the trial.

New defences cannot be introduced at the appellate stage that were not presented at the trial (initial hearing at the original jurisdiction of the matter). The appellate court's role is to review evidence and findings from the trial court, not to consider new arguments or defences. Registration of a Will does not negate the need for proving its execution and attestation; the executor must still provide satisfactory evidence to prove the Will’s validity.

“26. Further, it has also been observed that if an attesting witness fails to prove the attestation by other witnesses or if the propounder takes an active part in the execution of the will which benefits him substantially, it creates a suspicious circumstance that must be explained by satisfactory evidence. Even registration of the will does not eliminate the need for proving execution and attestation.”