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october 1976

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.

JASWANT KAUR vs AMRIT KAUR & ORS. · Niyam