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.