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july 2015

Supreme Court of India · 2015-07-02

SHAKUNTALA BAI vs MAHAVEER PRASAD

Citation / case number
SC 2007/27923
Court
Supreme Court of India
Petitioner
SHAKUNTALA BAI
Respondent
MAHAVEER PRASAD
Author
AMITAVA ROY
Bench
AMITAVA ROY R.K. AGRAWAL

Judgment text excerpt

The Supreme Court upheld the decision of the High Court allowing the issuance of a succession certificate under Section 372 of the Indian Succession Act, 1925, to Mahaveer Prasad based on the Will dated 15.11.1978 executed by Kanhaiya Lal. The Court established that the last valid Will supersedes previous Wills, and the burden of proof lies on those contesting its validity. The appeals by Shakuntala Bai and others were dismissed, affirming the High Court's ruling.

SHAKUNTALA BAI vs MAHAVEER PRASAD · Niyam