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october 2011

Supreme Court of India · 2011-10-31

DAYANANDI vs RUKMA D SUVARNA .

Citation / case number
SC 2001/17239
Court
Supreme Court of India
Petitioner
DAYANANDI
Respondent
RUKMA D SUVARNA .
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 that would disinherit respondent No.1. The judgment reinforced the principle that a testator's intentions as expressed in a valid Will must be respected unless convincingly challenged, leading to the conclusion that respondent No.1 is entitled to her share in the property.

DAYANANDI vs RUKMA D SUVARNA . · Niyam