Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2017

Supreme Court of India · 2017-09-15

Prakash Soni vs Deepak Kumar .

Citation / case number
AIRONLINE 2017 SC 571
Court
Supreme Court of India
Petitioner
Prakash Soni
Respondent
Deepak Kumar .
Author
Arun Mishra
Bench
Mohan M. Shantanagoudar, Arun Mishra

Judgment text excerpt

The Supreme Court addressed the validity of a will executed by Srimati Mooli Swarnkar under Section 372 of the Indian Succession Act, emphasizing the need for clear evidence of testamentary capacity and proper execution. The Court held that the appellant, as the husband, was entitled to the succession certificate for the retiral benefits, overturning the High Court's decision which favored the respondents based on a disputed will. The Court concluded that the evidence presented did not sufficiently establish the will's authenticity, thus restoring the order of the Additional District Judge granting the succession certificate to the appellant.

Prakash Soni vs Deepak Kumar . · Niyam