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.