Supreme Court · 2007 INSC 590 · Decided 15 May 2007
Benga Behera and ANR. v. Braja Kishore Nanda and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 590 · [2007] 6 S.C.R. 853
- Case number
- CIVIL APPEAL No. 3467/2003
- Decided
- 15 May 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 65(c), 68; Transfer of Property Act Section 63; Registration Act Section 52; Succession Act Section 63
Headnote
B WILL: Testatrix executed Will in favour of respondent who was stranger to family--{Jenuineness of Will challenged by legal heirs-Held: No independent C witness examined to show how testatrix came close to respondent-No explanation given as to why valuable agricultural land along with house had he being a stranger to the family which he failed to discharge-Trial Judge as also High Court did not take into D consideration effect of contradictions and inconsistencies in statement of witnesses and interpolation/variance in the Xerox copy of the Will vis-a-vis certified copy
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)