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Supreme Court of India 2021-12-10 allowed

Murthy & Ors vs C. Saradambal & Ors

Bench: 2 — Nagarathna

In Brief

The testator E. Srinivasa Pillai's alleged will bequeathing a house to his son (excluding his daughters) was challenged as suspicious. The Trial Court dismissed the suit for Letters of Administration, finding the will unproved. The High Court's Division Bench reversed this without proper reasoning. The Supreme Court held that the respondents failed to prove the will validly under law. Multiple suspicious circumstances—testator's paralysis and death within 15 days of execution, signature mismatch, attestor admitting testator's unfitness to register, the educated son remaining unaware, and 15-year concealment—were not removed by cogent evidence. The Court restored the Trial judgment, emphasizing that appellate courts must assign reasoned grounds when reversing trial judgments, and that wills surrounded by suspicion require the propounder to remove all doubts by satisfactory evidence.

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Succession Law Wills and Testaments Letters of Administration Proof of Wills Suspicious Circumstances Appellate Procedure Evidence Testamentary Capacity Civil Procedure

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