NDLI: V. Prabhakara Vs. Basavaraj K. (dead) By Lr. & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Will – Indian Succession Act – s.63
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908) 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
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Will – Indian Succession Act – s.63 – Evidence Act – s.68 – Code of Civil Procedure, 1908 – s.96 – Suit for declaration and possession of suit property – Appellant claimed title over the property on the basis of registered Will (Ext.P4) executed by the owner – Respondents admitted execution of Ext.P4, however sought dismissal of suit in view of a subsequent unregistered Will (Ext.D1), allegedly executed by the owner in favour of respondent no.2 (minor son of respondent no.1-erstwhile brother-in-law of the appellant) – Suit decreed by trial court – First Appellate Court dismissed the suit – Review, dismissed – On appeal, held: A testamentary court is not a court of suspicion, but that of conscience – There was no room for suspicion over the Will when the testatrix was accompanied by the sister of the appellant and the Will was attested by his brother and when both did not raise any issue – Further, respondents did not deny the factum of the execution of Ext.P4 – The very fact that they relied upon Ext.D1, which took note of Ext.P4 as validly done, there was no need for any suspicion on the part of the High Court – Mere exclusion of either brother or sister per se would not create a suspicion unless it is surrounded by other circumstances creating an inference – Appellant duly complied with the mandate of s.63, Succession Act along with s.68, Evidence Act – Appellate Court unnecessarily created suspicion, when there was none – Appellate Court did not consider relevant materials and substituted its own views when not warranted – Judgment of the Appellate Court as confirmed in review, set aside – Decree of trial court restored.Code of Civil Procedure, 1908 – s.96 – Appellate Court, power under – Scope and ambit of – Discussed. Evidence Act, 1872: ss.3, 8 – Held: When a party makes a claim based on revocation of earlier Will, as indicated in the subsequent Will, the acknowledgment of the former Will would form part of a conduct leading to a relevant fact vis-à-vis a fact in issue. ss.17, 58 – Held: When a party admits execution of a Will, which is otherwise proved in accordance with s.63, Indian Succession Act and s.68, Evidence Act, it becomes a relevant fact duly proved – Indian Succession Act – s.63 – Evidence Act – s.68. s.68 – Held: s.68 is to be followed mandatorily for proving a Will – This provision has to be seen and read along-with s.63, Succession Act – Indian Succession Act – s.63.Registration Act, 1908 – ss.17, 18, 27 – Held: Registration of a Will is only an additional/attending circumstance in proving it with the rebuttable presumption available u/s.114(e) of Evidence Act – Evidence Act, 1872 – s.114(e), 115. Code of Civil Procedure, 1908 – Or. VI, VIII – Pleadings – Held: A relief can be on the basis of pleadings alone – Evidence is also to be based on such pleadings – Only exception would be when the parties know each other’s case very well and a pleading is implicit in an issue.
Judge	Hon'ble Mr. Justice M.M. Sundresh
Neutral Citation	2021 INSC 626
Petitioner	V. Prabhakara
Respondent	Basavaraj K. (dead) By Lr. & Anr.
SCR	[2021] 11 S.C.R. 377
Judgement Date	2021-11-07
Case Number	1376

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