Swami Dr. Kishore Dass Ji & Anr v/s State & Anr, 2012 SCC OnLine Del 3903
- By Kanishka
- Judgment Analysis
Name of the case – Swami Dr. Kishore Dass Ji & Anr v/s State & Anr, 2012 SCC OnLine Del 3903
Test Case Nos. 15 of 1994 & 9 of 2000
Decided On, 26 July 2012
At, High Court of Delhi
By, THE HONOURABLE MR. JUSTICE VALMIKI J. MEHTA
ISSUE
- Whether the will has been Dated 8.10.1993 Signed and Excecuted By the Swami Amar Muni Ji Is Valid And Also Properly proved In terms Of Law for the grant Of Probate To Swami Dr. Kishore Dass Ji?
- Whether the Property Devolves 0n the Swami Gurudev Muni Ji (Objector) According To The Usage of the Udasin Sect.(Religious Sect ).
RULE
- As Referred With Section 63 0f Indian Succession Act 1925
- As Also Referred With Section 68 of Indian Evidence Act , 1872 , The Will Should Be Signed With Two or more Witnesses Who Must Have Seen The Respected Testator Signing The Will .
- In According With Section 145 of indian Evidence Act , Inconsistency Wth Prior Given Statements Must Be Brought Precisely and Specifically To the Face 0f the Witness F0r it t0 be Admissible .
- Indian Law Does Not Have Statutory 0r Legal Ban on Any “Swami 0r Sanyasi “ Transferring 0r Parting With property By Will Unless Such prohibition is to the contrary shown by law or custom.
ANALYSIS
The Dated Will of 8.10.1993 Has Been Made By Swami Amar Muni Ji was Seen Endorsed by two attesting witnesses, Lalit K. Malhotra (PW-1) and O.P. Wadhwa (PW-3), both 0f whom deposed to its execution and attestation under requirements of law.
The objector, Swami Gurudev Muni Ji, brought up purported contradictions of witness evidence in court and before the Tehsildar at Haridwar. The contradictions were not adequately faced in cross-examination as under Section 145, and thus could not be depended on.
Even if taken into account, the contradictions were minor and not strong enough to invalidate the overall credibility of the witnesses or the enforcement of the Will.
The objector asserted Swami Amar Muni Ji to be of the Respected Udasin Sect, i.e It is Religious Sect. Within the Broader Two Religion Hindu And Sikh , (Founded By the Son Of Guru Nanak Dev Ji) , Here He therefore civilly dead, and his property would devolve in him as the chela (disciple). But the court ruled that no legal prohibition exists to a Swami holding or bequeathing property by Will.
The above-mentioned Supreme Court judgment in Math Sauna v. Kedar Nath , 1982 , S.C.R . 659 , Decided on 4th Sept, 1981 .upheld that Sanyasis can hold private property.
The objector failed to present customary or legal evidence for the assertion that accession to the Udasin Sect leads to a civil death or automatic succession by the disciple.
CONCLUSION
In Swami Dr. Kishore Dass Ji & Anr. v. State & Anr., 2012 , the Delhi High Court considered the validity of a Will dated 08.10.1993 executed by Swami Amar Muni Ji Maharaj, the spiritual leader of a religious sect.
The petitioner, Swami Dr. Kishore Dass Ji, requested probate of the Will, asserting rightful succession to the spiritual Gaddi and properties.
1. Contradictions in the attesting witnesses statements as per Section 161 CrPC.
2. That the testator, being a Sannyasi, was dead in civil law and could not make a Will.
The Court overruled both objections:
Attesting witnesses L. Malhotra and O.P. Wadhwa were cross-examined and asserted that the Will was signed voluntarily, in sound mind, and as per Section 63 of the Indian Succession Act.
Their testimony Has been fulfilled With the standard of proof Comes under Section 68 of the Indian Evidence Act.
The so-called contradictions in their earlier police statements were not sufficiently proved under Section 145 of the Evidence Act, and were consequently not admissible.
The Court concluded there is no customary or legal bar to a Sannyasi holding or alienating property.
The plea of civil death proved unfounded.
The Court determined the Made Will t0 be valid and authentic, issued probate to Swami Dr. Kishore Dass Ji, and confirmed him as the Lawful legal successor to Swami Amar Muni Ji.
