Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Succession Act Evidence Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Punjab Courts Act, 1918 (6 of 1918) Indian Evidence Act, 1872 (1 of 1872) Indian Succession Act, 1925 (39 of 1925) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Succession Act, 1925: s. 63 – Will – Admissibility of – Suit seeking declaration that the plaintiff, his mother and his sisters had equal share in the suit land which was given to defendant No. 5 by way of a Will – The Will was challenged as being result of fraud and misrepresentation – Trial Court as well as first Appellate Court dismissed the suit holding that plaintiff had no share in the property as partition of the property had already been done during lifetime of the testator and that the Will had been duly proved – High Court in second appeal decreed the suit on the ground that Will was surrounded by suspicious circumstances and its execution was not proved in accordance with the requirement of s. 63 of the Act – Appeal to Supreme Court – Held: The statement of the attesting witness and that of the scribe of the Will and the official from the Sub-Registrar’s Office prove the due execution of the Will – Exclusion of natural heirs would not make the Will surrounded by suspicious circumstances – High Court erred in law in interfering with the concurrent finding of facts recorded by Courts below. Evidence Act, 1872: ss. 65 and 68 – Secondary evidence – Admissibility of – s. 65 permits secondary evidence where original document has been destroyed or lost – In the present case execution of the Will was not disputed, but only proof of the Will was subject matter of dispute – Once the evidence was brought by the opposite party that original Will was lost and certified copy thereof was produced, sufficient ground has been made out for leading of secondary evidence – There is no requirement for filing application in terms of s. 65(c) before leading secondary evidence. Punjab Courts Act, 1941: s. 41 – Second appeal – Scope of – Held: High Court in terms of s. 41 cannot interfere with finding of fact. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2020 INSC 316 |
Petitioner | Dhanpat |
Respondent | Sheo Ram (deceased) Through Lrs. & Ors. |
SCR | [2020] 7 S.C.R. 131 |
Judgement Date | 2020-03-19 |
Case Number | 1960 |
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