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march 1968

Supreme Court of India · 1968-03-19

GORANTLA THATAIAH vs THOTAKURA VENKATA SUBBAIAH & ORS.

Citation / case number
SC 1965/120
Court
Supreme Court of India
Petitioner
GORANTLA THATAIAH
Respondent
THOTAKURA VENKATA SUBBAIAH & ORS.
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that the will executed by V was not valid as it was not made in a sound disposing state of mind, violating principles of testamentary capacity. The Court emphasized that when a propounder of a will takes a prominent role in its execution and stands to gain substantially, it raises suspicion regarding the will's validity. The burden of proof lies on the propounder to dispel such suspicions, which was not met in this case, leading to the conclusion that the will did not reflect the true intentions of the testator.

GORANTLA THATAIAH vs THOTAKURA VENKATA SUBBAIAH & ORS. · Niyam