Supreme Court · 1976 INSC 218 · Decided 14 September 1976
Seth Beni Chand (Since Dead) Now BY L.RS. v. SMT. Kamla Kunwar and Others
- Court
- Supreme Court of India
- Citation
- 1976 INSC 218 · [1977] 1 S.C.R. 578
- Case number
- CIVIL APPEAL No. 2269/1972
- Decided
- 14 September 1976
- Bench
- Y.V. CHANDRACHUD, V.R. KRISHNA IYER, N.L. UNTWALIA (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Indian Succession A.ct, 1975, S. 63(c), Attesting witness defined. Indian Eyidence ff ct, S. 68-Discharg\ '?f onus proba11di by propounder when executum of well surrounded by susprcrous circumstances. Thr_ee or four days before her death, Jaggo Bai executed a will, bequeathing her son Beni Chand's second wife Kamla Kunwar and her children, and also to the progeny born of his first wife. Beni Chand his third wife and her children were excluded from tho will. Beni Chand op~sed t~e probate o~ the wil! contending that it was a forgery and challenged the execu­ tion of the
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