Supreme Court of India · 2002-01-09
MADHUKAR D. SHENDE vs TARABAI ABA SHEDAGE
- Citation / case number
- SC 2001/4510
- Court
- Supreme Court of India
- Petitioner
- MADHUKAR D. SHENDE
- Respondent
- TARABAI ABA SHEDAGE
- Author
- BRIJESH KUMAR R.C. LAHOTI
- Bench
- BRIJESH KUMAR R.C. LAHOTI
Judgment text excerpt
The Supreme Court granted special leave to appeal in a case concerning the title of a property originally owned by Bhagubai, who executed a will in favor of her niece Chingubai. The trial court and appellate court dismissed the plaintiff's suit, finding the will unproven, while the High Court affirmed this decision. The Supreme Court held that the lower courts erred in their approach and overlooked material legal considerations regarding the will's execution, thus allowing the appeal and setting aside the lower court judgments.