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.