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december 2019

Supreme Court of India · 2019-12-17

RAJ KUMARI vs SURINDER PAL SHARMA

Citation / case number
SC 2018/23443
Court
Supreme Court of India
Petitioner
RAJ KUMARI
Respondent
SURINDER PAL SHARMA
Author
HON'BLE MR. JUSTICE S. ABDUL NAZEER
Bench
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S. ABDUL NAZEER

Judgment text excerpt

The Supreme Court addressed the validity of a will under Section 68 of the Evidence Act and Section 63 of the Indian Succession Act in a partition dispute. The Court upheld the trial court's finding that Surinder Pal Sharma failed to prove the will executed by Suhagwanti, as he did not produce the necessary attesting witnesses, thus affirming the siblings' entitlement to equal shares in the tenement. The judgment reinforced the legal principle that the burden of proof lies on the party asserting the validity of a will, particularly in the absence of requisite witness testimony.

RAJ KUMARI vs SURINDER PAL SHARMA · Niyam