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march 1998

Supreme Court of India · 1998-03-26

GURDIAL KAUR AND OTHERS vs KARTAR KAUR AND OTHERS

Citation / case number
SC 1985/67047
Court
Supreme Court of India
Petitioner
GURDIAL KAUR AND OTHERS
Respondent
KARTAR KAUR AND OTHERS
Author
G.B. PATTANAIK G.N. RAY
Bench
G.B. PATTANAIK G.N. RAY

Judgment text excerpt

The Supreme Court upheld the dismissal of an appeal regarding the validity of a will executed by Harnam Singh, emphasizing that the burden of proof lies on the propounder to dispel any suspicious circumstances surrounding the will's execution. The Court referenced the Indian Succession Act, 1925, and established that mere registration of a will does not eliminate doubts about its authenticity. The Court affirmed that the propounder must demonstrate that the will was executed and attested according to legal requirements and that it reflects the true intentions of the testator.

GURDIAL KAUR AND OTHERS vs KARTAR KAUR AND OTHERS · Niyam