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december 2006

Supreme Court of India · 2006-12-15

Kamla Devi à Appellant vs Khushal Kanwar & Anr. à Respondents

Citation / case number
AIR 2007 SUPREME COURT 663
Court
Supreme Court of India
Petitioner
Kamla Devi à Appellant
Respondent
Khushal Kanwar & Anr. Ã Respondents
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 the context of a probate dispute concerning a will allegedly executed by Smt. Anandi Devi. The Court held that the appellant's objections regarding the validity of the will, including claims of lack of testamentary capacity and prior gifts, were substantial enough to warrant further examination. The judgment of the High Court was set aside, allowing the appellant's appeal and emphasizing the need for a thorough inquiry into the will's legitimacy.

Kamla Devi à Appellant vs Khushal Kanwar & Anr. à Respondents · Niyam