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.