VidhiSangh

Supreme Court of India · 07/10/2021

V. PRABHAKARA versus BASAVARAJ K. (DEAD) BY LR. & ANR.

[2021] 11 S.C.R. 377 · 2021 INSC 626

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Summary

The Court restored a decree for declaration and possession founded on a duly proved registered will. The defendants had acknowledged its execution and relied on a later will which both courts found fabricated. The High Court wrongly created suspicion from the exclusion of the beneficiary’s siblings, who had participated in execution without objection, and displaced the trial court’s findings without adequate reasons. Registration was an additional circumstance supporting proof, while statutory attestation and evidentiary requirements remained mandatory.

Issues

  1. Whether the registered will was duly proved and the exclusion of the beneficiary’s siblings constituted a suspicious circumstance on these facts.
  2. Whether the first appellate court could displace the trial court’s findings through unpleaded suspicion without addressing its reasons.
  3. What significance attached to registration, the defendants’ acknowledgment and their reliance on a fabricated subsequent will.

Provisions considered

Held

Result

Appeals allowed; High Court appellate judgment and decree and the review order set aside. Trial court’s decree for declaration and possession restored. No costs.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 377.