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.