Supreme Court · 2004 INSC 635 · Decided 3 November 2004

Meenakshiammal (Dead) Through LRS. and ORS. v. Chandrasekaran and ANR.

Court
Supreme Court of India
Citation
2004 INSC 635 · [2004] SUPP. 5 S.C.R. 898
Case number
CIVIL APPEAL No. 1387/1999
Decided
3 November 2004
Bench
ASHOK BHAN, S.H. KAPADIA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Succession Act

Headnote

Succession Act,. /925-Section 63-'Will'~Execution-Validity of- ' C Claim of property on the strength of Will-Allegation of forgery, t undue D E influence and collilsidn in execution of will-Allegation not made at trial stage-Trial Court held the Will pr~ved-L~wer appellate Court held the Will of the plea at trial stage, not permissible-On appeal, held: The onus to prove the Will is on the propounder after removing all the legitimate suspicions to the satisfaction of the Court-In the present case execution, attestation and genuineness of the Will proved by the propounder of the

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