Supreme Court of India · 1992-03-05
SMT.GURO vs ATMA SINGH AND ORS.
- Citation / case number
- SC 1983/66072
- Court
- Supreme Court of India
- Petitioner
- SMT.GURO
- Respondent
- ATMA SINGH AND ORS.
- Author
- S.C. AGRAWAL
- Bench
- S.C. AGRAWAL
Judgment text excerpt
The Supreme Court held that the onus of proving a will lies on the propounder, particularly when suspicious circumstances are present, as outlined in Section 63 of the Indian Succession Act. The Court emphasized that the propounder must satisfactorily explain any suspicious features surrounding the execution of the will, such as the testator's mental capacity and the nature of their illness. The High Court's failure to adequately consider these factors led to the reversal of its judgment, thereby allowing the appeal of the defendant.