Supreme Court of India · 1990-03-06
RAM PIARI vs BHAGWANT & ORS.
- Citation / case number
- SC 1986/69685
- Court
- Supreme Court of India
- Petitioner
- RAM PIARI
- Respondent
- BHAGWANT & ORS.
- Author
- R.M. SAHAI
- Bench
- R.M. SAHAI
Judgment text excerpt
The Supreme Court held that the execution of a Will must not only be proven but also its authenticity must be established, particularly in the presence of suspicious circumstances. The Court emphasized that mere production of the scribe and attesting witnesses is insufficient if the propounder had an active role in the Will's execution. The Court allowed the appeal under Article 136, finding that the lower courts misapplied legal principles, leading to a miscarriage of justice, and thus set aside the High Court's decision affirming the Will's validity.