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august 1974

Supreme Court of India · 1974-08-09

SURENDRA PAL & ORS. vs SARASWATI ARORA & ANR.

Citation / case number
SC 1971/60096
Court
Supreme Court of India
Petitioner
SURENDRA PAL & ORS.
Respondent
SARASWATI ARORA & ANR.
Bench
REDDY, P. JAGANMOHAN

Judgment text excerpt

The Supreme Court upheld the validity of the will, confirming that the propounder must demonstrate the testator's sound mind and free will at the time of execution, as per established legal principles. The Court emphasized that if the caveator alleges undue influence or fraud, the burden of proof lies with them. The judgment reiterated that suspicious circumstances surrounding a will must be satisfactorily explained by the propounder, referencing H. Venkatachala Iyengar v. B. N. Thimmjamma and Rani Purnima Devi v. Kumar Khagendra Narayan Dev. The appeal was dismissed, affirming the High Court's decision that the will was genuine and validly executed.

SURENDRA PAL & ORS. vs SARASWATI ARORA & ANR. · Niyam