KALIDINDI VENKATA SUBBARAJU & ORS. versus CHINTALAPATI SUBBARAJU & ORS.

KALIDINDI VENKATA SUBBARAJU & ORS. versus CHINTALAPATI SUBBARAJU & ORS.

As the appellants deliberately withheld the original will, its certified copy was admissible as secondary evidence; however, presumption under s.90 Evidence Act regarding execution/attestation applies only to original documents, not copies. Oral evidence and conduct established testator was a major and will was validly executed.

Parties
Appellants: Kaudindi Venkata Subbaraju & Ors.; Respondents: Chintalapati Subbaraju & Ors.
Jurisdiction
India
Judgment Date
21 November 1967
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Proof of Will, Legal Presumption, Burden of Proof, Intestacy, Estoppel, Admissibility of Evidence
Inheritance Law Evidence Law Civil Procedure Proof of Will Legal Presumption Burden of Proof Intestacy Estoppel +1 more

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Parties

Kaudindi Venkata Subbaraju & Ors.

Appellants

Chintalapati Subbaraju & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the will was validly executed by the testator when he was a major and in a sound disposing state of mind
  2. 2 Whether certified copy of will can be admitted as secondary evidence
  3. 3 Whether presumption under s.90 Evidence Act can be drawn with respect to a copy of a will

Ratio Decidendi

As the appellants deliberately withheld the original will, its certified copy was admissible as secondary evidence; however, presumption under s.90 Evidence Act regarding execution/attestation applies only to original documents, not copies. Oral evidence and conduct established testator was a major and will was validly executed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs