Supreme Court of India · 2010-04-16
Balathandayutham & Anr vs Ezhilarasan
- Court
- Supreme Court of India
- Petitioner
- Balathandayutham & Anr
- Respondent
- Ezhilarasan
- Bench
- Asok Kumar Ganguly, G.S. Singhvi
Judgment text excerpt
The Supreme Court upheld the First Appellate Court's decision that the subsequent Wills dated 25.4.1980 and 2.5.1980 were not valid as they were not proved, given the lack of attesting witnesses and the testator's incapacity at the time of execution. The Court reiterated that the burden of proof lies on the party asserting the validity of a Will when its execution is denied. The original Will dated 25.09.1972 was deemed valid and the appeal of the 1st appellant was dismissed, affirming the plaintiff-respondent's rights to the property under the original Will.