Supreme Court of India

Sridevi and Ors. v. Jayraja Shetty and Ors.

Neutral citation
Reported as [2005] 1 S.C.R. 862
Bench Ashok Bhan and A.K. Mathur JJ.
Decided 28 January 2005

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

For the reasons stated above, we do not find any merit in this appeal and the same is dismissed with no order as to costs.

Judgment, page 12

From the headnote

Succession Act, 1925-Section 63-Will-Execution of-Onus to prove due execution lies on propounder-Once propounder shows that the testator in sound disposing mind signed the Will of his own free will, onus to prove undue influence, fraud, coercion shifts to the person alleging it-On facts, testator executed the Will bequeathing certain properties in favour of respondents-Appellants claiming share in the property on the ground that Will was not duly executed-Trial court and High Court dismissing the claim upholding the validity of Will-On appeal, held, in the absence of suspicious circumstances

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