Supreme Court · 1978 INSC 182 · Decided 19 September 1978
Durga Prasad v. Devi Charan
- Court
- Supreme Court of India
- Citation
- 1978 INSC 182 · [1979] 1 S.C.R. 873
- Case number
- CIVIL APPEAL No. 55/1969
- Decided
- 19 September 1978
- Bench
- S. MURTAZA FAZAL ALI, P.N. SHINGAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Succession Act Section 70
Headnote
873 Indian Succession Act, 1925 (39 of 1925)-Will not found on death of testator-If presumption as to revocation arises--Onus alleging revocation on whom lies. The respondent was the adopted son of the testatrix who made a will in 1935 declaring that her properties were dedicated to a private however, she revoked the earlier will and dedicated a part of the house and certain other items for the benefit of the temple. But she expressly prohibited the respondent from performing her funeral rites and gave certain rights over the property to the appellant and his wife. In 1947 she again
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