Supreme Court of India
Smt. Guro v. Atma Singh and Ors.
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What the Court ordered
We are of the view that the High Court B was not justified in reversing the findings of fact recorded by the Appellate Court that will is not proved to be a genuine document executed by Ganga ---4_ Singh and in holding that the execution of the will had been satisfactorily proved by respondent no.
Judgment, page 9
From the headnote
Indian Succession Act, 1924-Section 63-Will-Mode of proving-Re quirements prescribed to be fulfilled-Suspicious circumstances-Genuineness of will questionetl--Onus on propounder to explain to court's satisfac tion-Onus-Nature of. Constitution of India, 1950-Article 136-Appeal-Will-Mode of prov ing-Requirements-Genuineness of will questione~ty of propounder to explain the suspicious circumstances .. Constitution of India, 1950-Arttcte 136-Appeal-Will-Made of prov- ing-Suspicious circumstances-High Court's failure to appreciat~// not proved to be gen~ine. Respondent No. l's grand father's
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