Supreme Court of India · 2007-10-12
Savithri & Ors vs Karthyayani Amma & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 300
- Court
- Supreme Court of India
- Petitioner
- Savithri & Ors
- Respondent
- Karthyayani Amma & Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court examined the validity of a Will executed by Sankaran Nair on 07.08.1971, focusing on the testator's mental capacity and the circumstances surrounding the Will's execution. The Court held that the burden of proof lies on the propounder to demonstrate that the testator had testamentary capacity and that the Will was executed in accordance with legal requirements, as outlined in Section 63 of the Indian Succession Act, 1925. The Court upheld the lower court's finding that the Will was executed under suspicious circumstances, leading to its invalidation.