Supreme Court · 2002 INSC 14 · Decided 9 January 2002
Madhukar D. Shende v. Tarabai Aba Shedage
- Court
- Supreme Court of India
- Citation
- 2002 INSC 14 · [2002] 1 S.C.R. 132
- Case number
- CIVIL APPEAL No. 110/2002
- Decided
- 9 January 2002
- Bench
- R.C. LAHOTI, BRIJESH KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 68; Succession Act Section 63, 68
Headnote
Indian Evidence Act, 1872-Section 68-Will-Proof of execution a/­ Burden of proof lies on propounder to prove competence of testator and C execution of will in the manner contemplated by !aw-preponderance of probabilities and shifting of onus-suspicion or unnatural circumstances attaching to a of persons setting up and disputing will and pleadings, are relevant and significant-Held, on facts, the will is proved-Indian Succession Act, 1925-Section 63. D E Section 3- 'Proved', 'Not proved' (in relation to will)-Meaning of Sections JI, 13 and 35-Finding upholding due execution of the
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