Supreme Court · 2006 INSC 254 · Decided 25 April 2006

Gurswaroop Joshi v. Beena Sharma & ORS.

Court
Supreme Court of India
Citation
2006 INSC 254 · [2006] SUPP. 1 S.C.R. 342
Case number
CIVIL APPEAL No. 1520/2004
Decided
25 April 2006
Bench
S.B. SINHA, P.P. NAOLEKAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Succession Act Section 81, 89, 276

Headnote

Hindu Law: Indian Succession Act, 1985; Ss.81 & 89: Will-Ambiguity/deficiency on the face of the Will-Probate granted by trial Court-High Court passing injunctions restraining both the parties from raising objections-On appeal, Held: The contention raised by the legal heirs/ representatives error-Hence cannot be sustained. The first respondent/legal heirs filed an application under Section 276 of the Indian Succession Act, 1925 for grant of probate in respect of the Will executed by his deceased father. Trial Court granted the probate. The widow of the testator and other legal

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