Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Will-Duty of propounder to prove- |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Will-Duty of propounder to prove-Suspected features of will-Must be real and germane-Registered will propounded by defendant in a suit for partition-No pleadings by plaintiff regarding invalidity of will-No evidence to doubt correctness of will-In the circumstances will held valid.In a suit for partition, the appellant-defendant propounded a registered will executed by his mother under which whole of the testator's estate was given to the appellant. The Trial Court decreed the suit and rejected the validity of the will on the ground that normally testator would not have deprived his daughters from inheritance and that suspicious features of the will were not removed by the evidence of appellant and an attestor of the will. The appellate court accepted the validity of the will holding that Registrar's endorsement on the will would show that the testator executed the will out of her free will and was in a sound state of deposing mind. Consequently it ordered that the properties to the extent covered by the will should stand excluded from the partition decree. On second appeal the High Court reversed the decree of the appellate Court and confirmed that of the trial court. The appellant preferred an appeal before this court. |
Judge | N/A |
Neutral Citation | 1995 INSC 172 |
Petitioner | Ppk Gopalan Nambiar |
Respondent | Ppk Balakrishnan Nambiar And Ors. |
SCR | [1995] 2 S.C.R. 585 |
Judgement Date | 1995-03-07 |
Case Number | 1368 |
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