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october 2011

Supreme Court of India · 2011-10-31

Dayanandi vs Rukma D Suvarna & Ors

Court
Supreme Court of India
Petitioner
Dayanandi
Respondent
Rukma D Suvarna & Ors
Author
G.S. Singhvi
Bench
Asok Kumar Ganguly, G.S. Singhvi

Judgment text excerpt

The Supreme Court upheld the Karnataka High Court's decision to grant partition and separate possession of property to respondent No.1, affirming the validity of the Will dated 25.5.1987 executed by Singa Gujaran. The Court found that the appellant and respondent No.2 failed to prove the existence of a subsequent Will dated 25.8.1987, which they claimed disinherited respondent No.1. The judgment emphasized that the burden of proof lies on the party challenging the validity of the earlier Will, thereby reinforcing the legal principle that a testator's intentions as expressed in a duly executed Will must be respected unless convincingly rebutted.

Dayanandi vs Rukma D Suvarna & Ors · Niyam