Supreme Court · 2005 INSC 54 · Decided 28 January 2005
Sridevi and ORS. v. Jayraja Shetty and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 54 · [2005] 1 S.C.R. 862
- Case number
- CIVIL APPEAL No. 3749/1999
- Decided
- 28 January 2005
- Bench
- ASHOK BHAN, A.K. MATHUR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Succession Act Section 63
Headnote
Succession Act, 1925-Section 63-Will-Execution of-Onus to prove due execution lies on propounder-Once propounder shows that the testator C in sound disposing mind signed the Will of his own free will, onus to prove undue influence, fraud, coercion shifts to the person alleging it-On facts, share in the property on the ground that Will was not duly executed-Trial court and High Court dismissing the claim upholding the validity of Will-On appeal, held, in the absence of suspicious D circumstances surrounding the execution of Will, and the statement of attesting witnesses and scribe
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