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december 2008

Supreme Court of India · 2008-12-03

K. Laxmanan vs Thekkayil Padmini & Ors

Citation / case number
AIR 2009 SUPREME COURT 951
Court
Supreme Court of India
Petitioner
K. Laxmanan
Respondent
Thekkayil Padmini & Ors
Author
Mukundakam Sharma
Bench
Mukundakam Sharma, Tarun Chatterjee

Judgment text excerpt

The Supreme Court upheld the High Court's decision regarding the execution of a Deed of Will and a Deed of Gift, finding them to be surrounded by suspicious circumstances. The Court emphasized that the fifth defendant failed to dispel these suspicions by not examining the attesting witnesses, as required under Section 68 of the Indian Evidence Act, 1872. Consequently, the Court affirmed the lower courts' rulings that only item No. 9 of the plaint schedule property was available for division, while the other items were not due to the questionable nature of the documents.

K. Laxmanan vs Thekkayil Padmini & Ors · Niyam