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may 2015

Supreme Court of India · 2015-05-01

JAGDISH CHAND SHARMA vs NARAIN SINGH SAINI (DEAD) THR. LRS. .

Citation / case number
SC 2014/39403
Court
Supreme Court of India
Petitioner
JAGDISH CHAND SHARMA
Respondent
NARAIN SINGH SAINI (DEAD) THR. LRS. .
Author
AMITAVA ROY KURIAN JOSEPH
Bench
AMITAVA ROY KURIAN JOSEPH

Judgment text excerpt

The Supreme Court held that under Section 276 of the Indian Succession Act, 1925, the appellant's claim for a Letter of Administration based on a Will executed on 22-10-1973 was valid, as the High Court's reversal of the District Judge's order was erroneous. The Court emphasized that the testator had the authority to bequeath property that was not ancestral joint Hindu family property. The appeal was allowed, restoring the District Judge's order granting the Letter of Administration to the appellant.

JAGDISH CHAND SHARMA vs NARAIN SINGH SAINI (DEAD) THR. LRS. . · Niyam