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august 2001

Supreme Court of India · 2001-08-03

N KAMALAM (DEAD) vs AYYASAMY

Citation / case number
SC 1997/6362
Court
Supreme Court of India
Petitioner
N KAMALAM (DEAD)
Respondent
AYYASAMY
Author
UMESH C. BANERJEE A.P. MISRA
Bench
UMESH C. BANERJEE A.P. MISRA

Judgment text excerpt

The Supreme Court clarified the principles of testamentary jurisdiction, emphasizing that the onus probandi lies on the party propounding a will, while the concept of animo attestandi requires attesting witnesses to have the intent to attest. The Court reiterated that signatures made for purposes other than attestation, such as identifying or certifying, do not qualify as valid attestation under Section 3 of the Transfer of Property Act. The judgment upheld the necessity for witnesses to sign with the intent to attest, thereby reinforcing the legal standards for valid will execution.

N KAMALAM (DEAD) vs AYYASAMY · Niyam