N. SRIHARI (D) THROUGH LRS. & ORS. versus N. PRAKASH & ORS.

N. SRIHARI (D) THROUGH LRS. & ORS. versus N. PRAKASH & ORS.

In the absence of a specific finding as to the earliest Will dated 2.1.1956, and given its reference in pleadings and judgments, the matter is to be remitted to the High Court for fresh consideration, allowing production of the original or certified copy of the Will and objections thereto, as per law.

Source-derived case information.

Parties
Appellant: N. Srihari (D) through LRs. & Ors.; Respondent: N. Prakash & Ors.
Jurisdiction
India
Judgment Date
19 February 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order
Outcome
Appeals disposed of; matter remitted to High Court for fresh consideration.
Legal Topics
Wills, Title to Property, Evidence
Property Law Succession Wills Title to Property Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

N. Srihari (D) through LRs. & Ors.

Appellant

N. Prakash & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order

Legal Issues

  1. 1 Whether the earliest Will dated 2.1.1956 was properly considered by the trial court and High Court in determining title to property.
  2. 2 Whether primary or secondary evidence of the Will dated 2.1.1956 was sufficient for adjudication.

Ratio Decidendi

In the absence of a specific finding as to the earliest Will dated 2.1.1956, and given its reference in pleadings and judgments, the matter is to be remitted to the High Court for fresh consideration, allowing production of the original or certified copy of the Will and objections thereto, as per law.

Court Disposition

Appeals disposed of; matter remitted to High Court for fresh consideration.

Orders

  • Appellants/contesting defendants permitted to place the original Will dated 2.1.1956 before the High Court.
  • If the original Will is unavailable, a certified copy may be placed on record.