Supreme Court of India · 2009-04-15
SHYAM LAL @ KULDEEP vs SANJEEV KUMAR .
- Citation / case number
- SC 2000/21507
- Court
- Supreme Court of India
- Petitioner
- SHYAM LAL @ KULDEEP
- Respondent
- SANJEEV KUMAR .
- Author
- Dalveer Bhandari
Judgment text excerpt
The Supreme Court upheld the High Court's decision to set aside the Trial Court's dismissal of the plaintiff's suit regarding mutation number 1313 dated 20.2.1988, which was claimed to be illegal and void. The Court emphasized that under Hindu Law, ancestral property cannot be bequeathed through a Will, and the validity of the Will executed by the deceased Balak Ram was in question. The Court found that the plaintiff had established a prima facie case against the defendants regarding the alleged forgery of the Will, leading to the conclusion that the mutation was indeed illegal and void.