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.