GURDIAL KAUR AND ORS. versus KARTAR KAUR AND ORS.

GURDIAL KAUR AND ORS. versus KARTAR KAUR AND ORS.

The Court of Appeal below indicated specific suspicious circumstances surrounding the execution of the Will and found that such suspicion had not been dispelled to its satisfaction. The High Court affirmed these findings, and the Supreme Court declined to interfere, holding that the onus to remove suspicion was not discharged by the appellants.

Parties
Appellants: Gurdial Kaur and Ors.; Respondents: Kartar Kaur and Ors.
Jurisdiction
India
Judgment Date
26 March 1998
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Punjab & Haryana High Court
Outcome
Appeal dismissed
Legal Topics
Will, Execution of Will, Attestation of Will, Suspicious Circumstances
Succession Law Will Execution of Will Attestation of Will Suspicious Circumstances

Case Brief

Summary, issues, holding and outcome

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Parties

Gurdial Kaur and Ors.

Appellants

Kartar Kaur and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Punjab & Haryana High Court

Legal Issues

  1. 1 Whether the Will executed by Hamam Singh in favour of the appellants was validly executed and free from suspicious circumstances

Ratio Decidendi

The Court of Appeal below indicated specific suspicious circumstances surrounding the execution of the Will and found that such suspicion had not been dispelled to its satisfaction. The High Court affirmed these findings, and the Supreme Court declined to interfere, holding that the onus to remove suspicion was not discharged by the appellants.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without any order as to costs