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.