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may 2007

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.

APOLINE D'SOUZA vs JOHN D'SOUZA · Niyam