Supreme Court · 2006 INSC 1027 · Decided 15 December 2006
Niranjan Umeshchandra Joshi v. Mridula Jyoti Rao and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 1027 · [2006] SUPP. 10 S.C.R. 1214
- Case number
- CIVIL APPEAL No. 5060/2005
- Decided
- 15 December 2006
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 63; Succession Act
Headnote
Succession Act, 1925-Will-Execution of-Allegations of suspicious circumstances-Sustainability of-Held: Probate cannot be granted since execution of Will was surrounded by suspicious circumstances-Circumstances C in which Will was prepared, attested and executed raised doubt about its genuineness, testator unnatural and unfair-Propounder took part in execution of Will being sole recipient of legacy-Also non-examination of independent witnesses-Thus, order of courts below calls for no interference. D Deceased was survived by his wife, seven sons and three daughters. He appointed
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