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may 2007

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.

Adivekka & Ors vs Hanamavva Kom Venkatesh (D) By Lrs. & Anr · Niyam