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september 1976

Supreme Court of India · 1976-09-14

SETH BENI CHAND (SINCE DEAD) NOW BY L.RS. vs SMT. KAMLA KUNWAR AND OTHERS

Citation / case number
SC 1972/60261
Court
Supreme Court of India
Petitioner
SETH BENI CHAND (SINCE DEAD) NOW BY L.RS.
Respondent
SMT. KAMLA KUNWAR AND OTHERS
Author
Y.V. CHANDRACHUD
Bench
Y.V. CHANDRACHUD

Judgment text excerpt

The Supreme Court upheld the validity of a will executed by Jaggo Bai, an elderly woman, five days before her death, despite claims of forgery and collusion. The Court found that the executrix provided a satisfactory explanation for the suspicious circumstances surrounding the will's execution, particularly given the strained relationship between Jaggo Bai and her son Beni Chand. The Court affirmed the High Court's decision, emphasizing that the will's provisions, while seemingly unnatural, were consistent with the testatrix's intentions as evidenced by her prior actions and family dynamics.

SETH BENI CHAND (SINCE DEAD) NOW BY L.RS. vs SMT. KAMLA KUNWAR AND OTHERS · Niyam