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march 1990

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.

RAM PIARI vs BHAGWANT & ORS. · Niyam