Supreme Court · 2013 INSC 308 · Decided 3 May 2013
M.B. Ramesh (D) BY LRS. v. K.M. Veeraje Urs (D) BY LRS. & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 308 · [2013] 8 S.C.R. 573
- Case number
- CIVIL APPEAL No. 1071/2006
- Decided
- 3 May 2013
- Bench
- H.L. GOKHALE, RANJANA PRAKASH DESAI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Evidence Act Section 68, 71, 63; Succession Act Section 63(c), 63, 68
Headnote
Evidence Act, 1872 - ss. 68 and 71 - Proof of execution A B of Will - Suit on the basis of a Will - Trial court and first appellate court dismissed the suit holding that the Will was C not proved as it did not fulfill the requirement of s. 63(c) of Succession Act - High Court in second appeal Held: In the facts of the case, the 'Will' can be said to have been proved with the aid of other evidence of attendant circumstances which is permissible u/s. 71 - Suit decreed - D Succession Act, 1925 - s.63(c). Will: Examination of Will - Role of court - Held: Role of the court is limited to
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