Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of Property - Execution of Will |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Transfer of Property — Execution of Will by original defendant No. 7 — In respect of property inherited by her after her husband's death — In favour of defendant Nos. 1 to 4 — Original defendant No. 1 also excuted sale in respect of a portion ofghe property in favour of defendant No. 5 — Suit challenging the execution of Will and Sale alleging inter-alia that the original defendant No. 1 was a mistress and not legally wed wife —Trial Court dismissed the suit — High Court heid that Will was not proved as per law, but the sale deed was valid — Cross-appeals by defendants as well as plaintiff — Held: In the facts of the case, there is strong presumption in favour of validity of marriage and such presumption was not rebutted hence the sale-deed was valid— However, the Will suffers from serious suspicious circumstances — Therefore, the order of High Court does not need interference — Will - Sale. Evidence — Proof of a Will— Standard of — Held: Proof of a Will stands on higher degree, in comparison to other documents — There must be clear evidence regarding — execution of the Will — Will. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2015 INSC 295 |
Petitioner | Dhanuulaland Others |
Respondent | Ganeshram And Another |
SCR | [2015] 4 S.C.R. 199 |
Judgement Date | 2015-04-08 |
Case Number | 3410 |
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