Facts of the case
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.
Issue before the court
- Whether the Will dated 05.06.1992 was validly executed by Mst. Nawab Begum in favour of the respondent, including proper attestation and sound mind ?
- If the Will dated 05.06.1992 is not valid, whether the Will dated 20.11.1984 in favour of the appellant was validly executed by Mst. Nawab Begum ?
Judgement
The Court held that the Will dated 05.06.1992 was not proved by the respondent as the witness statements did not substantiate the claim. The respondent had relied on provisions of Hindu Law related to attestation and execution of Wills, which were not applicable to Muslims, without previously raising this argument. The Court dismissed the appeal on this ground and remanded the matter back to the trial court to address the validity of the Will dated 20.11.1984.