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.