LALITABEN JAYANTILAL POPAT versus PRAGNABEN JAMNADAS KATARIA & ORS.

LALITABEN JAYANTILAL POPAT versus PRAGNABEN JAMNADAS KATARIA & ORS.

The Will dated 18.6.1995 was not proved in accordance with Section 63(c) of the Indian Succession Act, 1925 and Section 68 of the Evidence Act, 1872 as only one attesting witness was examined who did not corroborate due attestation; the execution was not established; the probate granted by lower courts is...

Source-derived case information.

Parties
Appellant: Lalitaben Jayantilal Popat; Respondent: Pragnaben Jamnadas Kataria; Respondent: Bina Kataria; Respondent: Jasumati Kataria
Jurisdiction
India
Judgment Date
19 December 2008
Procedural Posture
Civil Appeal / Decision on Appeal Against Grant of Probate
Outcome
appeal allowed, lower court judgment set aside
Legal Topics
Proof of Execution of Will, Attestation Requirements, Suspicious Circumstances Surrounding Will
Succession Evidence Proof of Execution of Will Attestation Requirements Suspicious Circumstances Surrounding Will

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Parties

Lalitaben Jayantilal Popat

Appellant

Pragnaben Jamnadas Kataria

Respondent

Bina Kataria

Respondent

Jasumati Kataria

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal Against Grant of Probate

Legal Issues

  1. 1 Whether the Will dated 18.6.1995 was legally proved in accordance with Section 63(c) of the Indian Succession Act, 1925 and Section 68 of the Evidence Act, 1872

Ratio Decidendi

The Will dated 18.6.1995 was not proved in accordance with Section 63(c) of the Indian Succession Act, 1925 and Section 68 of the Evidence Act, 1872 as only one attesting witness was examined who did not corroborate due attestation; the execution was not established; the probate granted by lower courts is unsustainable.

Court Disposition

appeal allowed, lower court judgment set aside

Orders

  • The impugned judgment is set aside.
  • No order as to costs.