Supreme Court of India · 1976-10-25
JASWANT KAUR vs AMRIT KAUR & ORS.
- Citation / case number
- SC 1975/60628
- Court
- Supreme Court of India
- Petitioner
- JASWANT KAUR
- Respondent
- AMRIT KAUR & ORS.
- Author
- Y.V. CHANDRACHUD
- Bench
- Y.V. CHANDRACHUD
Judgment text excerpt
The Supreme Court held that the execution of a will must be proven beyond suspicion, as outlined in Section 63 of the Indian Succession Act, which mandates attestation by witnesses. The court emphasized that when suspicious circumstances surround a will's execution, the burden shifts to the propounder to dispel doubts before the will can be accepted. The court found that the will in question, made in 1945 but revealed only in 1957, raised significant doubts, leading to the dismissal of the appeal and upholding the lower court's decision.