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Execution of Will

N.K.Assumi ,
  21 July 2010       Share Bookmark

Court :
Supreme Court
Brief :
Execution of Will
Citation :
Benga Behera & Anr. V. Braja Krishore Nanda & Ors

Execution of Will

While examining the interpretation and application of Section 63 0f Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872. The Court observed thus:

 

Before granting lecture of administration the court must satisfy itself not only about the genuineness of the Will but also satisfy itself that it is fraught with any suspicious circumstance.

 

Existence of suspicious circumstance itself may be held to be sufficient to arrive at a conclusion that execution of the will has not duly been proved.

 

[Benga Behera & Anr. V. Braja Krishore Nanda & Ors. Decided on May 15, 2007]

 
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Published in Civil Law
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