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december 2006

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.

OM PRAKASH vs SHIV KUMAR · Niyam