Shiv Kumar & Ors


Sharanabasappa & Ors.

Civil Appeal No. 6076 of 2009

Provisions Involved

Section 68 of Evidence Act, Section 59, 63, 68, 74 of Indian Succession Act; Order XLI Rule 23, 23A, 24, 25 of CPC.


The Civil Suit was for declaration and injunction, essentially with the submission that they had acquired ownership right in the suit properties. Trial Court decided that principal issue is related to the will is in favour of the plaintiff. First Appeal in the HC was allowed while reversing the decision of the Trial Court on principle issue relating to the geniuses of will and held that the will was not genuine document. Plaintiff than had preferred for the instant appeal.



Smt. Indu Bala Bose & Ors. v. Manindra Chandra Bose & Anr (1982)1 SCC 20 & Smt. Jaswant Kaur v. Smt. Amrit Kaur & Ors (1977) 1 SCC 369:- By its very nature will appeared to be fabricated in nature the three pages of the will were of the different colour. Sheet and other issues relating to the typing were also observed; H Venkatachala Iyengar v. BN Thimmajamma & Ors. (AIR 1959 SC 443):- It was contended that legal requirements were fulfilled and there was no reason to disbelieve the judgement; Uma Devi Nambiar & Ors. v. TC Sidhan (2004) 2 SCC 321:- the learned counsel has further staed that exclsion of any legal heir from will is not suspicious circumstance. 


The decision of the High Court was satisfactory. The appeal was dismissed while leaving the parties to bear their own costs.