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december 2008

Supreme Court of India · 2008-12-19

Lalitaben Jayantilal Popat vs Pragnaben Jamnadas Kataria & Ors

Citation / case number
AIR 2009 SUPREME COURT 1389
Court
Supreme Court of India
Petitioner
Lalitaben Jayantilal Popat
Respondent
Pragnaben Jamnadas Kataria & Ors
Author
S.B. Sinha
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the validity of the Will dated 18.6.1995 under Section 63(c) of the Indian Succession Act and Section 68 of the Indian Evidence Act, emphasizing the necessity of attestation by two witnesses for a Will to be legally valid. The Court held that the Will was not legally proved due to the failure to comply with the statutory requirements and the presence of suspicious circumstances surrounding its execution. Consequently, the appeals against the High Court's dismissal of the probate application were dismissed, affirming the lower court's decision.

Lalitaben Jayantilal Popat vs Pragnaben Jamnadas Kataria & Ors · Niyam