Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Succession Act 1925-s. 63 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Succession Act, 1925 - s.63 - Will - Execution of - Allegation of suspicious circumstances - Execution of Will by testator in favour of his sister and her children with whom he had been living and who had been looking after him and his medical expenses during major portion of his life - Challenge to, by testator's son on the ground of suspicious circumstances - Held: Will was product of free will - Deprivation of due share by natural heirs would not amount to suspicious circumstance - Moreso, testator left something for his son - Thus, execution of Will was genuine.ss.63 and 61 - Will - Validity of - Onus of proof, when there exist suspicious circumstances - Held: Lies on the propounder to explain them to the satisfaction of the court before it can be accepted as genuine - Evidence Act, 1872 - s. 68.KN-brother and KK-sister purchased properties. KK had two children-SN (son) and NN (daughter). Appellants are wife, son and daughters of MN, son of SN. Respondent no.1 and 2 are children and respondent no. 3 and 8 are grandchildren of NN. SN and his wife had strained relations and SN was living with his sister and her children who were looking after him and bearing his medical expenses. Partition took place between the parties. SN executed a Will dated 07.08.1971 in respect of the properties allotted to him. Value of properties allotted in favour of SN was Rs.1000/-which would be in possession of and enjoyed by NA and her children and MN was to be paid Rs. 500/-. It was appellant's case that the Will was surrounded by suspicious circumstances as the Registrar was brought to the house of the propounder which proved that the testator was not in good health and mental condition at the time of execution of the Will; that attesting witness to the Will stated that he had not seen the execution of the Will; that other witnesses to the execution of the Will were beneficiaries under the Will; that even when execution and registration of the Will had taken place at the house, no one from the locality had attested the Will as a witness. MN filed suit for partition and for cancellation of Will which was allowed. Respondent filed appeal challenging the order. High Court allowed the same. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1075 |
Petitioner | Savithri And Ors. |
Respondent | Karthyayani Amma And Ors. |
SCR | [2007] 11 S.C.R. 404 |
Judgement Date | 2007-10-12 |
Case Number | 4882 |
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