ANIL KAK versus KUMARI SHARADA RAJE & ORS.

ANIL KAK versus KUMARI SHARADA RAJE & ORS.

The Will dated 4.11.1992 could not be given effect to since appendices, which were integral to the distribution of assets, were not proved to be in existence at execution; statutory requirements for execution and attestation were not fully complied with; Will was surrounded by suspicious circumstances; therefore, probate/letters of administration could not be granted.

Parties
Appellant: Anil Kak; Respondent: Kumari Sharada Raje & Ors.
Jurisdiction
India
Judgment Date
24 April 2008
Procedural Posture
Civil Appeal / Supreme Court Appeal After High Court Dismissal
Outcome
Appeals dismissed with costs.
Legal Topics
Execution of Will, Genuineness of Will, Suspicious Circumstances, Incorporation by Reference, Intention of Testator
Succession Probate Execution of Will Genuineness of Will Suspicious Circumstances Incorporation by Reference Intention of Testator

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Parties

Anil Kak

Appellant

Kumari Sharada Raje & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal After High Court Dismissal

Legal Issues

  1. 1 Whether the Will dated 4.11.1992 is genuine and can be given effect to
  2. 2 Whether the appendices annexed to the Will formed part of the Will at the time of execution
  3. 3 Whether the Will is surrounded by suspicious circumstances

Ratio Decidendi

The Will dated 4.11.1992 could not be given effect to since appendices, which were integral to the distribution of assets, were not proved to be in existence at execution; statutory requirements for execution and attestation were not fully complied with; Will was surrounded by suspicious circumstances; therefore, probate/letters of administration could not be granted.

Court Disposition

Appeals dismissed with costs.

Orders

  • Appeals dismissed.
  • Counsel's fee assessed at Rs.50,000/-