In Brief
Jagan Nath, a property owner, died issueless in 1977. The defendants claimed he had executed a Will in their favour in 1970, but the plaintiffs—granddaughters of Jagan Nath's paternal aunt Kirpo—claimed they were entitled as his legal heirs. The Trial Court found for the plaintiffs; the First Appellate Court reversed; the High Court restored the Trial Court's judgment. The Supreme Court upheld the High Court, holding that the defendants failed to prove the Will's genuine execution under the Indian Succession Act. The Court found the evidence of the sole living witness unreliable and the circumstances highly suspicious. The plaintiffs' kinship to Jagan Nath was corroborated by family admissions and an independent Will. As cognates with no surviving agnates, the plaintiffs inherited the property.
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