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january 2002

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.

MADHUKAR D. SHENDE vs TARABAI ABA SHEDAGE · Niyam