Supreme Court of India · 2006-12-06
OM PRAKASH vs SHIV KUMAR
- Citation / case number
- SC 1999/10955
- Court
- Supreme Court of India
- Petitioner
- OM PRAKASH
- Respondent
- SHIV KUMAR
- Author
- MARKANDEY KATJU
- Bench
- MARKANDEY KATJU S. B. SINHA
Judgment text excerpt
The Supreme Court upheld the judgments of the Himachal Pradesh High Court and the first appellate court, which found that the defendants failed to remove suspicious circumstances surrounding a Will purportedly executed by Smt. Ram Ditti. The Court reiterated that the burden of proof lies on the propounder of the Will to dispel any doubts regarding its validity. The appeal was dismissed, affirming the lower courts' findings of fact regarding the Will's suspicious nature.