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may 2007

Supreme Court of India · 2007-05-15

Benga Behera & Anr vs Braja Kishore Nanda & Ors

Citation / case number
SC 2003/60978
Court
Supreme Court of India
Petitioner
Benga Behera & Anr
Respondent
Braja Kishore Nanda & Ors
Author
S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court interpreted Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872 regarding the proof of execution of a Will. The Court held that the execution of the Will must be proved by credible evidence, including the presence of attesting witnesses, and that the original Will should be produced unless a valid reason is provided for its absence. The Court ultimately upheld the lower court's decision to grant Letters of Administration based on the evidence presented, affirming the validity of the Will in question.

Benga Behera & Anr vs Braja Kishore Nanda & Ors · Niyam