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december 2002

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.

Janki Narayan Bhoir vs Narayan Namdeo Kadam · Niyam