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january 2013

Supreme Court of India · 2013-01-07

HARDEVINDER SINGH vs PARAMJIT SINGH .

Citation / case number
SC 2011/35527
Court
Supreme Court of India
Petitioner
HARDEVINDER SINGH
Respondent
PARAMJIT SINGH .
Author
Dipak Misra
Bench
DIPAK MISRA K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court held that a will executed by a Karta of a Joint Hindu Family in favor of certain beneficiaries, excluding other coparceners, is void if it does not comply with the principles of natural succession under Hindu law. The Court emphasized that the will must be executed voluntarily and without coercion, and if suspicious circumstances exist, the burden of proof lies on the beneficiaries to dispel such doubts. The Court upheld the trial court's finding that the suit land was Joint Hindu Family property and ordered joint possession to the rightful heirs as per their shares.

HARDEVINDER SINGH vs PARAMJIT SINGH . · Niyam