Supreme Court of India · 1981-11-18
INDU BALA BOSE & ORS. vs MANINDRA CHANDRA BOSE & ANR.
- Citation / case number
- SC 1970/60325
- Court
- Supreme Court of India
- Petitioner
- INDU BALA BOSE & ORS.
- Respondent
- MANINDRA CHANDRA BOSE & ANR.
- Author
- BAHARUL ISLAM
- Bench
- BAHARUL ISLAM
Judgment text excerpt
The Supreme Court held that the onus of proving a will lies with the propounder, as per Section 63 of the Hindu Succession Act, and that in the absence of suspicious circumstances, proof of testamentary capacity and genuine signatures suffices. However, if suspicious circumstances exist, the propounder must satisfactorily explain them to the court. The Court dismissed the appeal, affirming the High Court's decision to grant probate, as the trial court's doubts regarding the testator's mental condition were not substantiated by evidence.