Supreme Court · 2021 INSC 626 · Decided 7 October 2021
V. Prabhakara v. Basavaraj K. (Dead) BY LR. & ANR.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 626 · [2021] 11 S.C.R. 377
- Case number
- CIVIL APPEAL No. 1376/2010
- Decided
- 7 October 2021
- Bench
- SANJAY KISHAN KAUL, M.M. SUNDRESH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 96; Evidence Act Section 68, 3, 8, 114(e), 115, 114; Registration Act Section 17, 18, 27; Succession Act Section 63, 68
Headnote
Will - Indian Succession Act - s.63 - Evidence Act - s.68 - Code of Civil Procedure, 1908 - s.96 - Suit for declaration and possession of suit property - Appellant claimed title over the property on the basis of registered Will (Ext.P4) executed by however sought dismissal of suit in view of a subsequent unregistered Will (Ext.D1), allegedly executed by the owner in favour of respondent no.2 (minor son of respondent no.1-erstwhile brother-in-law of the appellant) - Suit decreed by trial court - First Appellate Court dismissed
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