Supreme Court of India · 2002-12-17
Janki Narayan Bhoir vs Narayan Namdeo Kadam
- Citation / case number
- AIR 2003 SUPREME COURT 761
- Court
- Supreme Court of India
- Petitioner
- Janki Narayan Bhoir
- Respondent
- Narayan Namdeo Kadam
- Author
- Shivaraj V. Patil
- Bench
- Doraiswamy Raju, Shivaraj V. Patil
Judgment text excerpt
The Supreme Court upheld the High Court's judgment restoring the trial court's decree in favor of the respondent, affirming the validity of the will executed by Honaji Dama Kadam under Section 63 of the Indian Succession Act and Section 68 of the Indian Evidence Act. The Court clarified that while two witnesses are required for attestation, one attesting witness can suffice if supported by other evidence as per Section 71 of the Evidence Act. The Court found that the evidence presented was adequate to establish the will's execution despite the appellant's claims regarding the lack of proper attestation.