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.