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november 1981

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.

INDU BALA BOSE & ORS. vs MANINDRA CHANDRA BOSE & ANR. · Niyam