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december 2008

Supreme Court of India · 2008-12-12

Bharpur Singh & Ors vs Shamsher Singh

Citation / case number
AIR 2009 SUPREME COURT 1766
Court
Supreme Court of India
Petitioner
Bharpur Singh & Ors
Respondent
Shamsher Singh
Author
S.B. Sinha
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the validity of a will executed by Ram Devi under Section 63 of the Indian Succession Act, 1925, emphasizing that the testatrix must possess sound mind and capacity at the time of execution. The Court held that the burden of proof lies on the propounder of the will to establish its authenticity, especially when the testatrix's mental capacity is questioned. The appeal was dismissed, affirming the lower court's decision that the will was valid and the appellants were not entitled to the property.

Bharpur Singh & Ors vs Shamsher Singh · Niyam