Supreme Court of India

State of Haryana v. Harnam Singh (dead) Thr. Lrs. & Ors.

Neutral citation
Reported as [2021] 7 S.C.R. 520
Bench L. Nageswara Rao and Aniruddha Bose JJ.
Decided 25 November 2021

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

Resultantly, this appeal is allowed, the judgments and decrees of both the courts below are set aside and the suit of the plaintiff is decreed quashing the mutation sanctioned in favour of the state.

Judgment, page 6

From the headnote

Succession Act, 1925: s.63 – Exection of unpriveleged W ills – Proving of Will u/s.63 – Held: Requirement of s. 63 cannot be fulfilled by mechanical compliance of the stipulati ons therein – Evidence of meeting the requirement of the said provi sion must be reliable – On facts, person claiming to be scribe of the Will as well as the two attesting witnesses deposed to support t he case of the original plaintiff, but both the trial court and th e first appellate court disbelieved their testimony – Thumb impressio n of testator was not matched – Contradiction in the evidences of attesting

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