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may 2007

Supreme Court of India · 2007-05-16

Apoline D Souza vs John D Souza

Citation / case number
AIR 2007 SUPREME COURT 2219
Court
Supreme Court of India
Petitioner
Apoline D Souza
Respondent
John D Souza
Author
S.B. Sinha
Bench
S.B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court addressed the validity of a will executed by Florine D'Souza under the Indian Succession Act, 1925, specifically Section 276. The Court held that the High Court's reversal of the Trial Judge's finding was justified due to the lack of proper proof of execution and attestation, highlighting suspicious circumstances such as overwritings and the attesting witness's admission of discrepancies. Consequently, the Court upheld the High Court's decision, denying the grant of Letters of Administration to the appellant.

Apoline D Souza vs John D Souza · Niyam