Supreme Court of India · 2007-05-16
APOLINE D'SOUZA vs JOHN D'SOUZA
- Citation / case number
- SC 2002/10818
- Court
- Supreme Court of India
- Petitioner
- APOLINE D'SOUZA
- Respondent
- JOHN D'SOUZA
- Author
- S.B. SINHA
- Bench
- MARKANDEY KATJU S.B. SINHA
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 execution of the will was valid despite the respondent's claim regarding the testatrix's mental capacity, emphasizing that the trial court's findings were based on credible evidence. The High Court's reversal of the trial court's decision was deemed erroneous, leading to the reinstatement of the trial court's ruling in favor of the appellant.