Supreme Court · 2021 INSC 786 · Decided 25 November 2021
State of Haryana v. Harnam Singh (Dead) THR. LRS. & ORS.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 786 · [2021] 7 S.C.R. 520
- Case number
- CIVIL APPEAL No. 6825/2008
- Decided
- 25 November 2021
- Bench
- L. NAGESWARA RAO, ANIRUDDHA BOSE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Succession Act Section 63
Headnote
Succession Act, 1925: s.63 - Exection of unpriveleged Wills - Proving of Will u/s.63 - Held: Requirement of s. 63 cannot be fulfilled by mechanical compliance of the stipulations therein - Evidence of meeting the requirement of the said provision must be person claiming to be scribe of the Will as well as the two attesting witnesses deposed to support the case of the original plaintiff, but both the trial court and the first appellate court disbelieved their testimony - Thumb impression of testator was not matched - Contradiction in
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