Supreme Court · 2020 INSC 316 · Decided 19 March 2020
Dhanpat v. Sheo Ram (Deceased) Through LRS. & ORS.
- Court
- Supreme Court of India
- Citation
- 2020 INSC 316 · [2020] 7 S.C.R. 131
- Case number
- CIVIL APPEAL No. 1960/2020
- Decided
- 19 March 2020
- Bench
- L. NAGESWARA RAO, HEMANT GUPTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 65, 68, 65(c); Hindu Succession Act Section 68; Succession Act Section 63, 68
Headnote
Indian Succession Act, 1925: s. 63 - Will - Admissibility of - Suit seeking declaration that the plaintiff, his mother and his sisters had equal share in the suit land which was given to defendant No. 5 by way of a Will - The Will was challenged as being result of fraud and Appellate Court dismissed the suit holding that plaintiff had no share in the property as partition of the property had already been done during lifetime of the testator and that the Will had been duly proved - High Court in second appeal decreed the suit on the ground that Will was
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