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december 2006

Supreme Court of India · 2006-12-15

Niranjan Umeshchandra Joshi .. ... vs Mrudula Jyoti Rao & Ors. .. Respondents

Citation / case number
AIR 2007 SUPREME COURT 614
Court
Supreme Court of India
Petitioner
Niranjan Umeshchandra Joshi .. ...
Respondent
Mrudula Jyoti Rao & Ors. .. Respondents
Author
S.B. Sinha
Bench
S.B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court held that the execution of the Will by the deceased was valid under the Indian Succession Act, 1925, as it was executed in the presence of two witnesses and the testator was of sound mind at the time of execution. The Court emphasized that the burden of proof lies on the propounder of the Will to establish its validity, particularly when the propounder is a beneficiary. The appeal was dismissed, affirming the lower court's decision regarding the Will's authenticity.

Niranjan Umeshchandra Joshi .. ... vs Mrudula Jyoti Rao & Ors. .. Respondents · Niyam