NDLI: Smt. Guro Vs. Atma Singh and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	indian succession
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Succession Act, 1925 (39 of 1925)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Indian Succession Act, 1924-Section 63-Will-Mode of proving-Requirements prescribed to be fulfilled-Suspicious circumstances-Genuineness of will questioned-Onus on propounder to explain to court's satisfaction-Onus-Nature of. Constitution of India, 1950-Article 136-Appeal-Will-Mode of proving-Requirements-Genuineness of will questioned-Duty of propounder to explain the suspicious circumstances .Constitution of India, 1950-Article 136-Appeal-Will-Made of proving-Suspicious circumstances-High Court's failure to appreciation not proved to be genuine. Respondent No. 1's grand father's brother had two sons, Ganga and Ranga and a daughter, Banti. Ranga and Banti died during the life time of Ganga. The appellant was Banti's daughter. On 2.10.1968 Ganga executed the will in question bequeathing his one-third share in the property to respondent No. 1. On 10.10.1968 Ganga died. On his death proceedings regarding mutation of the lands were initiated. Respondent No. 1. sought mutation in his favour on the basis of the will, whereas the appellant-as the nearest heir claimed mutation in her favour. The mutation was sanctioned in favour of the appellant on the ground that the will was not genuine. A suit for declaration was filed by the respondent No. 1 claiming the one-third share of demised Ganga on the basis of the will. The defendant-appellant questioned the genuineness of the will and the plaintiff-respondent disputed that the appellant was not the daughter of the sister of the testator. The suit was decreed in favour of the plaintiff-respondent No. 1 holding that the will was genuine and the appellant was the daughter of the sister of the testator, Ganga. The appeal filed against the decree was allowed. The appellate court held that the will was not a genuine document executed by Ganga in as much as there were certain features which threw suspicion with regard to its valid execution. The second appeal filed by the plaintiff-respondent No.1 was allowed by the High Court, which restored the judgment of the trial court on the view that the will was executed validly. This appeal by special leave was filed by the aggrieved defendant against the judgment of the High Court.
Judge	Hon'ble Mr. Justice S.C. Agrawal
Neutral Citation	1992 INSC 64
Petitioner	Smt. Guro
Respondent	Atma Singh And Ors.
SCR	[1992] 2 S.C.R. 30
Judgement Date	1992-03-05
Case Number	3163

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Smt. Guro Vs. Atma Singh and Ors.

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Smt. Guro Vs. Atma Singh and Ors.

Smt. Guro Vs. Atma Singh and Ors.

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