Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Deeds and Documents: Wills and Codicils |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Deeds and Documents: Wills and Codicils – Revocation of Will – Probate – On facts, testator executed a Will in favour of applicant – Probate proceedings by applicant – Objector’s case that Will favouring the applicant was revoked and cancelled by a registered deed – Trial court held that the applicant not entitled to get the Will probated as the same was revoked – In appeal, the High Court granted probate holding that the Will favouring the applicant was not cancelled – High Court disbelieved the registered deed of cancellation whereby, the Will was revoked by the testator – On appeal, held: High Court erred by ignoring the material evidence in disbelieving the Cancellation Deed and holding that the applicant was entitled to grant of probate of the Will – Probate applicant never raised any objection regarding the mode of proof before the trial court, thus, there is merit in the case of the objectors – Furthermore, the trial court was right in holding that the testator was medically fit and had cancelled the Will himself – Also genuineness of the Cancellation deed cannot be doubted only due to the fact that same was not signed and the testator as a literate person, affixed his thumb impression which was proved to be genuine by the expert – Thus, the order of High Court set aside. |
Judge | Hon'ble Mr. Justice Hrishikesh Roy |
Neutral Citation | 2021 INSC 406 |
Petitioner | Lachhmi Narain Singh (d) Through Lrs & Ors. |
Respondent | Sarjug Singh (dead) Through Lrs. & Ors. |
SCR | [2021] 8 S.C.R. 212 |
Judgement Date | 2021-08-17 |
Case Number | 5823 |
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