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Supreme Court of India 2018-10-24 allowed

Rama Avatar Soni vs Mahanta Laxmidhar Das and Ors

Bench: 2 — R. Banumathi

In Brief

A man challenged a will purportedly executed by Mahanta Natabar Das in favour of another, claiming it was forged. He sought expert handwriting analysis to compare the will's signatures with Natabar Das's admitted signatures from prior court records. The lower court granted this request, but the High Court reversed the order. The Supreme Court allowed the appeal, holding that when genuineness of a will is disputed as fraudulent, scientific handwriting analysis serves the interests of justice and should ordinarily be ordered, especially after both parties have presented their evidence. Challenging a will's genuineness inherently includes challenging the signature's authenticity."

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Probate and Succession Evidence - Handwriting Examination Civil Procedure Fraud and Misrepresentation Religious Endowments

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