Supreme Court · 2008 INSC 1429 · Decided 12 December 2008
Bharpur Singh & ORS. v. Shamsher Singh
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1429 · [2008] 17 S.C.R. 517
- Case number
- CIVIL APPEAL No. 7250/2008
- Decided
- 12 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 68, 90, 69, 70; Succession Act Section 63, 61, 68
Headnote
A B Indian Succession Act, 1925 - ss. 63 and 61 - Will - Execution of -Execution of Will by old lady in favour of C 'Agnate' separated by five degrees, disinheriting her daughter - Beneficiary of Will mortgagee and tenant of testatrix - Allegation of suspicious circumstances by legal heirs of that beneficiary failed to prove ex'ecution of legal and valid Will - However, appellate court 0 as also High Court holding that execution of Will proved - On appeal, held: Court should adopt rational approach and satisfy ''its conscience as existence of suspicious circumstances play an important
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