Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Succession Act 1925: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Succession Act, 1925: s.63 – Exection of unpriveleged Wills – Proving of Will u/s.63 – Held: Requirement of s. 63 cannot be fulfilled by mechanical compliance of the stipulations therein – Evidence of meeting the requirement of the said provision must be reliable – On facts, person claiming to be scribe of the Will as well as the two attesting witnesses deposed to support the case of the original plaintiff, but both the trial court and the first appellate court disbelieved their testimony – Thumb impression of testator was not matched – Contradiction in the evidences of attesting witnesses as regards the place of execution – Fact finding courts did not find such evidence to be reliable – Thus, the High Court erred in formulating the question of law on the basis that the Will was proved in terms of s.63 – In fact, both the fact finding courts found that the Will was not proved – High Court formulated the question of law on question of fact only – It went into a detailed factual enquiry to come to its finding, though such enquiry was not permissible while hearing an appeal u/s.100 CPC – Thus, there is no perversity in the judgment passed by the trial court and the first appellate court – Judgment passed by the High Court is set aside. |
Judge | Hon'ble Mr. Justice Aniruddha Bose |
Neutral Citation | 2021 INSC 786 |
Petitioner | State Of Haryana |
Respondent | Harnam Singh (dead) Thr. Lrs. & Ors. |
SCR | [2021] 7 S.C.R. 520 |
Judgement Date | 2021-11-25 |
Case Number | 6825 |
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