Supreme Court · 2023 INSC 225 · Decided 14 March 2023
Ashutosh Samanta (D) BY LRS. & ORS. v. SM. Ranjan Bala Dasi & ORS.
- Court
- Supreme Court of India
- Citation
- 2023 INSC 225 · [2023] 2 S.C.R. 237
- Case number
- CIVIL APPEAL No. 7775/2021
- Decided
- 14 March 2023
- Bench
- S. RAVINDRA BHAT, HIMA KOHLI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 68, 69, 71, 90; Succession Act Section 68, 63(c), 278
Headnote
Evidence Act, 1872 - ss.68, 69, 71 and 90 - Proof of Will - Held: Wills cannot be proved only on the basis of their age - The presumption u/s.90, Evidence Act as to the regularity of documents more than 30 years of age is inapplicable when it comes to proof of wills, which Succession Act and s.68, Evidence Act - There are often situations when wills which otherwise may have satisfied the requirements of being attested, as provided by law, cannot be proved in terms of the said two provisions, for the reason that the attesting witnesses are not available,
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)