Supreme Court · 2023 INSC 1093 · Decided 7 December 2023

Derek A C Lobo & ORS. v. Ulric M A Lobo (Dead) BY LRS. & ORS.

Court
Supreme Court of India
Citation
2023 INSC 1093 · [2023] 16 S.C.R. 1547
Case number
CIVIL APPEAL No. 5094/2011
Decided
7 December 2023
Bench
C.T. RAVIKUMAR, SANJAY KUMAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Evidence Act Section 68; Succession Act Section 68

Headnote

HEADNOTES Issue for consideration: After appreciating the oral and documentary evidence, the trial Court decreed the suit (probate of Will) and held that the plaintiffs are entitled to the grant of probate of the last Will and testament dated 10.11.1992 of their the High Court reversed the judgment and decree of the trial Court. In view of the undisputed position that the Will was executed by C, the question to be considered is whether the circumstances taken as suspicious circumstances by the High Court are in troth, suspicious circumstances,

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