Supreme Court of India · 2004-11-16
Daulat Ram & Ors vs Sodha & Ors
- Citation / case number
- AIR 2005 SUPREME COURT 233
- Court
- Supreme Court of India
- Petitioner
- Daulat Ram & Ors
- Respondent
- Sodha & Ors
- Bench
- Ashok Bhan, S.H. Kapadia
Judgment text excerpt
The Supreme Court upheld the High Court's decision confirming the validity of the Will dated 08.05.1983 executed by Prati in favor of his daughter, Respondent No. 1, while revoking the earlier Will dated 11.01.1977. The Court found that the appellants failed to prove their claim of forgery regarding the second Will and that the first appellate court had rightly concluded the Respondent No. 1 was the legitimate daughter of Prati. The judgment emphasized that the burden of proof lies on the party alleging forgery, which was not met by the appellants.