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.