Delhi HC junks plea challenging will of Luxor Group founder

New Delhi, Aug 19 (PTI) The Delhi High Court dismissed a plea filed by Priya Jain, daughter of Luxor Group, late Davinder Kumar Jain, challenging a 2004 family will, and said the law imposes no obligation to record reasons for unequal bequests.

A bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar dismissed her appeal, which claimed the will was "forged and fabricated".

The appeal was filed against a single judge order, holding that the execution of the will was duly proved in line with Section 63 of the Indian Succession Act (ISA), 1925.

The bench on Tuesday dismissed the appellant's contention that the will was forged since it was not registered.

"The contention that the will is required to be registered is immaterial. Section 63 of the ISA does not require a Will to be registered," the judge said.

The bench said the unregistered status, in the face of unimpeached attesting witness testimony, did not raise suspicion, particularly when one of the attesting witnesses supported the will and his deposition's credibility could not be impeached despite his lengthy cross-examination.

"The will stands duly proved in accordance with law, free from suspicious circumstances, and reflective of the testator's volition," the bench held.

The high court noted the will deviated from the principles of natural succession, and conferred the bulk of the estate upon one heir, to the exclusion or partial exclusion of others.

"However, the law imposes no obligation upon a testator to record reasons for unequal bequests, provided the document is otherwise duly executed and free from suspicious circumstances," the bench said.

Priya had moved against the single judge's order.

"While passing the judgment, the (single) judge not only has ignored relevant facts but also passed the judgment completely contrary to the established standards of proof and established principles of law," she said.

Davinder passed away in March 2014. PTI UK UK AMK AMK