Supreme Court of India · 2008-04-30
Babu Singh & Ors vs Ram Sahai @ Ram Singh
- Citation / case number
- AIR 2008 SUPREME COURT 2485
- Court
- Supreme Court of India
- Petitioner
- Babu Singh & Ors
- Respondent
- Ram Sahai @ Ram Singh
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court interpreted Section 69 of the Evidence Act, 1872, emphasizing that the burden of proof lies on the party claiming under a will to establish its due execution. The Court held that the plaintiff failed to prove the execution of the will dated 25.9.1981, as they did not examine necessary attesting witnesses and lacked sufficient evidence to validate the signatures of the testator. Consequently, the appeal was dismissed, affirming the lower court's decision that the will was not legally valid.