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may 2010

Supreme Court of India · 2010-05-07

Samir Chandra Das vs Bibhas Chandra Das & Ors

Citation / case number
AIR 2010 SUPREME COURT 1962
Court
Supreme Court of India
Petitioner
Samir Chandra Das
Respondent
Bibhas Chandra Das & Ors
Author
V.S. Sirpurkar
Bench
Mukundakam Sharma, V.S. Sirpurkar

Judgment text excerpt

The Supreme Court upheld the Calcutta High Court's decision denying probate to Samir Chandra Das, citing that the Will executed by Jogesh Chandra Das was not validly attested and lacked the necessary legal formalities as per Section 63 of the Indian Succession Act, 1925. The Court emphasized that the burden of proof lies on the propounder of the Will to establish its authenticity, which was not satisfactorily met in this case. Consequently, the appeal was dismissed, affirming the High Court's ruling.

Samir Chandra Das vs Bibhas Chandra Das & Ors · Niyam