Supreme Court of India · 1996-04-18
BALIRAM ATMARAM KELAPURE vs INDIRABAI (DEAD) .
- Citation / case number
- SC 1992/84607
- Court
- Supreme Court of India
- Petitioner
- BALIRAM ATMARAM KELAPURE
- Respondent
- INDIRABAI (DEAD) .
- Author
- B.P. JEEVAN REDDY
- Bench
- B.P. JEEVAN REDDY
Judgment text excerpt
The Supreme Court held that the High Court erred in modifying the shares of the defendants based on a will that was not in issue during the original suit. The Court emphasized that the burden of proof regarding the will's validity lies with the first defendant, who seeks to alter the normal rule of succession. Consequently, the Supreme Court restored the judgment of the first Appellate Court, allowing the second appeal and clarifying that the first defendant may establish the will's validity in a separate proceeding.