VidhiSangh

Supreme Court of India · 25/11/2021

STATE OF HARYANA versus HARNAM SINGH (DEAD) THR. LRS. & ORS.

[2021] 7 S.C.R. 520 · 2021 INSC 786

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Summary

The Court restored concurrent findings that the asserted will was not proved. The High Court had framed a supposed substantial question by assuming due execution and then undertaken an impermissible factual reassessment in second appeal. Mechanical recitation of execution and attestation requirements could not substitute for reliable proof. The decision did not finally resolve competing succession claims against the State’s asserted escheat; the alleged heirs retained liberty to pursue an appropriate independent action.

Issues

  1. Whether the High Court could reverse the concurrent rejection of the will through factual reassessment in second appeal.
  2. Whether the State’s escheat claim and the alleged heirs’ competing rights could be finally decided in this appeal.

Provisions considered

Held

Result

State appeal allowed. The High Court judgment was set aside and the trial and first appellate judgments restored, with liberty for the alleged heirs to pursue their independent claim according to law; no costs.

Judgment PDF: Supreme Court of India, [2021] 7 S.C.R. 520.