Supreme Court of India · 2008-04-24
Anil Kak vs Kumari Sharada Raje & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 2195
- Court
- Supreme Court of India
- Petitioner
- Anil Kak
- Respondent
- Kumari Sharada Raje & Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court held that the refusal to grant probate and letters of administration for the Wills dated 23.08.1978 and 04.11.1992 was justified due to the lack of proper attestation as required under Section 63 of the Indian Succession Act, 1925. The Court emphasized that the attesting witnesses must sign on all pages of the Will, including appendices, to validate the document. Consequently, the appeals were dismissed, upholding the High Court's decision.