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

january 2020

Supreme Court of India · 2020-01-22

Varadarajan vs Kanakavalli And Ors.

Citation / case number
AIR 2020 SUPREME COURT 740
Court
Supreme Court of India
Petitioner
Varadarajan
Respondent
Kanakavalli And Ors.
Author
Hemant Gupta
Bench
A.M. Khanwilkar, Hemant Gupta, Dinesh Maheshwari

Judgment text excerpt

The Supreme Court upheld the order of the Executing Court allowing the appellant to execute the decree as the legal representative of Umadevi, despite challenges regarding the validity of the Will under which he claimed rights. The Court emphasized that the Executing Court is competent to determine the validity of the Will and that the legatee can be considered a legal representative under Section 115 of the Code of Civil Procedure, 1908. The High Court's findings of suspicious circumstances surrounding the Will were noted, but the Supreme Court affirmed the Executing Court's decision, thereby allowing the execution of the decree.

Varadarajan vs Kanakavalli And Ors. · Niyam