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october 1979

Supreme Court of India · 1979-10-23

BANWARI LAL vs TIRLOK CHAND & OTHERS (AND vice versa)

Citation / case number
SC 1969/60352
Court
Supreme Court of India
Petitioner
BANWARI LAL
Respondent
TIRLOK CHAND & OTHERS (AND vice versa)
Author
A.D. KOSHAL
Bench
A.D. KOSHAL

Judgment text excerpt

The Supreme Court held that the burden of proof for establishing adoption lies heavily on the claimant, as per Hindu Law principles. In this case, the court found that the defendant failed to satisfactorily prove his adoption by G, as the evidence presented did not meet the grave onus required to displace natural succession. The court concluded that the reference to adoption in G's will was merely descriptive and not indicative of a legal adoption, thus affirming the lower court's decision that the will's execution was motivated by affection rather than legal adoption.

BANWARI LAL vs TIRLOK CHAND & OTHERS (AND vice versa) · Niyam