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april 2010

Supreme Court of India · 2010-04-16

BALATHANDAYUTHAM vs EZHILARASAN

Citation / case number
SC 2002/13364
Court
Supreme Court of India
Petitioner
BALATHANDAYUTHAM
Respondent
EZHILARASAN
Author
GANGULY

Judgment text excerpt

The Supreme Court held that the burden of proof regarding the execution of a Will lies with the party asserting its validity when the execution is denied by the opposing party. In this case, the First Appellate Court correctly found that the original Will dated 25.09.1972 was valid as the subsequent Wills dated 25.4.1980 and 2.5.1980 lacked proper attestation and were unregistered. The Court upheld the First Appellate Court's decision, affirming the validity of the original Will and dismissing the claims based on the subsequent Wills.

BALATHANDAYUTHAM vs EZHILARASAN · Niyam