Supreme Court of India · 2006-12-06
Om Prakash And Others vs Shiv Kumar And Others
- Citation / case number
- AIRONLINE 2006 SC 242
- Court
- Supreme Court of India
- Petitioner
- Om Prakash And Others
- Respondent
- Shiv Kumar And Others
- Author
- Markandey Katju
- Bench
- S. B. Sinha, Markandey Katju
Judgment text excerpt
The Supreme Court upheld the findings of the Himachal Pradesh High Court regarding the validity of a Will executed by Smt. Ram Ditti, emphasizing that the burden of proof lies on the propounder of the Will to dispel any suspicious circumstances. The Court confirmed that both the first appellate court and the High Court found sufficient suspicious circumstances surrounding the execution of the Will, which the defendants failed to address. Consequently, the appeal was dismissed, affirming the lower courts' decisions without costs.