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.