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september 2018

Supreme Court of India · 2018-09-25

Pasupati Nath Das(Dead) vs Chanchal Kumar Das(D) Thr. Lrs And Ors.

Citation / case number
AIRONLINE 2018 SC 763
Court
Supreme Court of India
Petitioner
Pasupati Nath Das(Dead)
Respondent
Chanchal Kumar Das(D) Thr. Lrs And Ors.
Author
Uday Umesh Lalit
Bench
Ashok Bhushan, Uday Umesh Lalit

Judgment text excerpt

The Supreme Court examined the validity of a Will executed by Nandlal Das on 12th April 1963, which was contested on grounds of revocation by a subsequent deed dated 15th October 1963 and a later Will by Shyama Sundari Dassi dated 12th October 1973. The Court held that the revocation of the original Will was not validly established, and thus, the original Will remains effective. The Court affirmed the lower court's decision to grant probate of the original Will, emphasizing the importance of clear evidence for revocation under the Indian Succession Act, 1925.

Pasupati Nath Das(Dead) vs Chanchal Kumar Das(D) Thr. Lrs And Ors. · Niyam