Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 71 - Will 1872-ss.68 Succession Act 1925-s. 63(c)-EvidenceAct |
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(c)-EvidenceAct, 1872-ss.68, 71 - Will - Execution of - Correctness and validity -Execution of Will by testator as sole and absolute owneramongst others of the relevant property - Said propertybequeathed in favour of appellant out of love and affectionfor him for the services rendered by him and was notfavourably disposed towards his sons for their disagreeableconduct and activitie_§ - Trial court granted letter ofadministration to the appellant vis a vis the said Will holdingthat the Will had been validly executed by testator with asound state of mind in presence of two attesting witnesses- High Court set aside the order- Interference with- Held:Not called for- Evidence of attesting witnesses as a wholeis clearly deficient vis-a-vis with the requirements of s. 63 (c)- Evidence of the said attesting witnesses and the Sub-Registrar does not exhibit either denial of the execution ofthe Will or their failure to recollect the execution, as a result,s. 71 not attracted - Thus, evidence of the witnessesanlaysed collectively or in isolation, does not evince animoattestandi, an essential imperative of valid attestation of aWill - Further; the materials on record do not present abackdrop, wherein the testator would have preferredappellant to be the legatee of his property - Bequest isexfacie unnatural, unfair and improbable - Suspiciouscircumstances attendant on the disposition do militatively impact upon the inalienable imperatives of solemnity andauthenticity of any bequest to be effected by a testamentaryinstrument. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2015 INSC 376 |
Petitioner | Jagdish Chand Sharma |
Respondent | Narain Singh Saini (dead) Through His Lrs. & Ors. |
SCR | [2015] 6 S.C.R. 397 |
Judgement Date | 2015-05-01 |
Case Number | 4181-4182 |
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