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december 2006

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.

Kamla Devi Àappellant vs Khushal Kanwar & Anr. Àrespondents · Niyam