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april 2008

Supreme Court of India · 2008-04-24

ANIL KAK vs KUMARI SHARADA RAJE .

Citation / case number
SC 2006/2680
Court
Supreme Court of India
Petitioner
ANIL KAK
Respondent
KUMARI SHARADA RAJE .
Author
V.S. SIRPURKAR S.B. SINHA
Bench
V.S. SIRPURKAR S.B. SINHA

Judgment text excerpt

The Supreme Court held that the validity of a Will must be established through proper attestation as per Section 63 of the Indian Succession Act, 1925. The Court emphasized that the absence of signatures from attesting witnesses on appendices undermines the Will's validity. The Court overturned the Madhya Pradesh High Court's dismissal of the probate application, ruling in favor of the executors appointed under the later Will dated 4.11.1992, thereby granting probate for the estate of the testatrix.

ANIL KAK vs KUMARI SHARADA RAJE . · Niyam