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august 1973

Supreme Court of India · 1973-08-20

BHAGWANI KUER (DEAD) & ORS. vs TAPESWARI KUER (DEAD) & ORS.

Citation / case number
SC 1967/286
Court
Supreme Court of India
Petitioner
BHAGWANI KUER (DEAD) & ORS.
Respondent
TAPESWARI KUER (DEAD) & ORS.
Author
M. HAMEEDULLAH BEG
Bench
M. HAMEEDULLAH BEG

Judgment text excerpt

The Supreme Court addressed the application of Section 141 of the Indian Succession Act, which stipulates that a named executor must prove the will or manifest an intention to act as executor to claim a legacy. The Court held that Shyam Narain Singh's participation in the cremation of Achhaiber Singh and assistance in managing properties did not constitute a manifestation of intent to act as executor under Section 141. Consequently, the appeal was dismissed, affirming the lower court's decision regarding the legacy claim.

BHAGWANI KUER (DEAD) & ORS. vs TAPESWARI KUER (DEAD) & ORS. · Niyam