VidhiSangh

Supreme Court of India · 17/08/2021

LACHHMI NARAIN SINGH (D) THROUGH LRS & ORS. versus SARJUG SINGH (DEAD) THROUGH LRS. & ORS.

[2021] 8 S.C.R. 212 · 2021 INSC 406

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Summary

The Court restored rejection of probate because the testator had validly revoked the will by a registered cancellation deed. Expert comparison of thumb impressions, the attesting witness and the scribe supported execution; the High Court’s doubts about incapacity and impersonation lacked foundation. The certified cancellation deed and expert report had been exhibited without objection. A curable objection to the mode of proof could not first be raised on appeal, depriving the other side of an opportunity to produce the original. The appeal was allowed without costs.

Issues

  1. Whether the evidence established valid execution of the registered cancellation deed.
  2. Whether a party could first challenge the mode of proving the certified cancellation deed on appeal after its unopposed exhibition at trial.

Held

Result

Appeal allowed without costs; High Court probate grant set aside and trial court’s rejection of probate restored.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 212.