Supreme Court of India · 2006-12-14
SHANTI DEVI vs DAROPTI DEVI .
- Citation / case number
- SC 2004/2564
- Court
- Supreme Court of India
- Petitioner
- SHANTI DEVI
- Respondent
- DAROPTI DEVI .
- Author
- MARKANDEY KATJU S.B. SINHA
- Bench
- MARKANDEY KATJU S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the appeal against a remand order by the Delhi High Court concerning a property dispute between sisters over a will executed by their deceased mother. The Court held that the onus of proof regarding the existence of the will should lie with the respondent, who claimed its validity, rather than the appellants needing to prove its non-existence. The Court emphasized that the trial court had erred in placing the burden of proof incorrectly, thus remanding the case for proper adjudication in accordance with the principles of evidence and civil procedure under Order II Rule 2 of the Code of Civil Procedure.