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march 2009

Supreme Court of India · 2009-03-06

Yumnam Ongbi Tampha Ibemma Devi vs Yumnam Joykumar Singh & Ors

Citation / case number
AIRONLINE 2009 SC 125
Court
Supreme Court of India
Petitioner
Yumnam Ongbi Tampha Ibemma Devi
Respondent
Yumnam Joykumar Singh & Ors
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, V.S. Sirpurkar, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the judgment of the Guwahati High Court, which had reversed the decision of the Additional District Judge regarding the validity of a will executed by Yumnam Gouramani Singh. The Court emphasized the necessity of adhering to Section 63 of the Indian Succession Act, 1925, which mandates the proper execution of a will, and Section 68 of the Indian Evidence Act, 1872, which requires attestation by witnesses. The Court found that the High Court correctly identified the lack of proper framing of issues concerning the genuineness of the will, leading to the conclusion that the will could not be accepted as valid.

Yumnam Ongbi Tampha Ibemma Devi vs Yumnam Joykumar Singh & Ors · Niyam