Supreme Court · 2008 INSC 1504 · Decided 19 December 2008
Lalitaben Jayantilal Popat v. Pragnaben Jamnadas Kataria & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1504 · [2008] 17 S.C.R. 1500
- Case number
- CIVIL APPEAL No. 7434/2008
- Decided
- 19 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; Succession Act Section 63, 63(c)
Headnote
1500 A LALITABEN JAYANTILAL POPAT v. PRAGNABEN JAMNADAS KATARIA & ORS. ,.. (Civil Appeal No. 7434 of 2008) DECEMBER 19, 2008 B [S.B. SINHA AND CYRIAC JOSEPH, JJ.) EVIDENCE ACT, 1872: s. 68 - Proof of execution of Will - One of the attesting ~ c witnesses, who alone was examined, did not was alone with testator who had already put his signature - HELD: It is evident that other D person did not put his signature on the Will as an attesting witness - Execution of Will has, therefore, not been proved - Succession Act, 1925 - s.63. In the instant appeal against the order granting
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