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.