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november 1967

Supreme Court of India · 1967-11-21

KALIDINDI VENKATA SUBBARAJU & ORS. vs CHINTALAPATI SUBBARAJU & ORS.

Citation / case number
SC 1965/167
Court
Supreme Court of India
Petitioner
KALIDINDI VENKATA SUBBARAJU & ORS.
Respondent
CHINTALAPATI SUBBARAJU & ORS.
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court ruled that under Sections 32(5) and (6) and 90 of the Indian Evidence Act, the certified copy of a will can be admitted as secondary evidence, and the presumption of due execution can be drawn. The Court held that the burden of proving the validity of the will lies on the party contesting it, and since the reversioner admitted the testator was a major and of sound mind at the time of execution, the will was deemed valid. The appeal was dismissed, affirming the lower courts' decisions.

KALIDINDI VENKATA SUBBARAJU & ORS. vs CHINTALAPATI SUBBARAJU & ORS. · Niyam