Supreme Court of India · 2007-05-09
Adivekka & Ors vs Hanamavva Kom Venkatesh (D) By Lrs. & Anr
- Citation / case number
- AIR 2007 SUPREME COURT 2025
- Court
- Supreme Court of India
- Petitioner
- Adivekka & Ors
- Respondent
- Hanamavva Kom Venkatesh (D) By Lrs. & Anr
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Markandey Katju
Judgment text excerpt
The Supreme Court addressed the requirements for proving a Will under suspicious circumstances, emphasizing the necessity for clear evidence of the testator's intent and capacity as per Section 63 of the Indian Succession Act, 1925. The Court held that the execution of the Will must be substantiated by credible witnesses and that the absence of the testator's mental capacity at the time of execution raises significant doubts about its validity. The appeal was allowed, overturning the lower court's decision that had favored the validity of the Will.