Supreme Court of India · 2006-12-15
Kamla Devi Àappellant vs Khushal Kanwar & Anr. Àrespondents
- Court
- Supreme Court of India
- Petitioner
- Kamla Devi Àappellant
- Respondent
- Khushal Kanwar & Anr. Àrespondents
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Markandey Katju
Judgment text excerpt
The Supreme Court addressed the application of Section 100-A of the Code of Civil Procedure, 1908, in a dispute over the validity of a Will executed by Smt. Anandi Devi. The Court held that the appellant's objections regarding the mental and physical fitness of Smt. Anandi Devi at the time of the Will's execution were substantial, emphasizing the need for strict proof of the Will's validity. The judgment of the Rajasthan High Court was set aside, reinforcing the principle that a Will must be executed by a testator of sound mind and under no undue influence.