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Supreme Court of India 2020-03-19 allowed

DHANPAT vs SHEO RAM (DECEASED) THROUGH HIS LRS

Bench: 2 — D. Y. Chandrachud, Hemant Gupta

In Brief

In this succession case, the Supreme Court reversed a High Court judgment that had set aside concurrent findings of trial and appellate courts. The testator Chandu Ram executed a Will dated 30 April 1980 in favour of his grandsons, excluding his wife and some natural heirs. The plaintiff challenged the Will's validity, arguing it was surrounded by suspicious circumstances and improperly proved. The Supreme Court upheld the Will, holding that the examination of one attesting witness satisfied proof requirements under the Succession Act and Evidence Act. The court clarified that excluding natural heirs is not per se a suspicious circumstance, as Wills inherently deviate from normal succession. Secondary evidence of the lost original Will was admissible. The judgment was set aside and the suit dismissed.

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Succession Law Wills and Testaments Evidence Hindu Succession Act Proof of Will Attestation

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