VidhiSangh

Supreme Court of India · 21/05/2026

PARVATHI NAIRTHI (DEAD) AND ORS. versus LAXMI NAIRTHY (DEAD) THROUGH LRS. AND ORS.

[2026] 6 S.C.R. 521 · 2026 INSC 521

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Summary

The Supreme Court declined to disturb concurrent findings upholding a Will by which the testator left his lands to his sister, excluding his wife and children. Execution was proved by an attesting witness; mutation entries confer no title; non-registration does not detract from a Will; exclusion of natural heirs is not by itself a suspicious circumstance, especially where the Will gives reasons; substantial compliance with Order XLI Rule 31 CPC suffices; and untested affidavits of attesting witnesses are not evidence.

Issues

  1. Whether the concurrent findings upholding the execution and validity of the Will warranted interference.
  2. Whether delay in producing the Will, mutation in favour of the heirs, non-registration, and exclusion of natural heirs were suspicious circumstances vitiating it.
  3. Whether the first appellate judgment was vitiated for not framing proper points for determination under Order XLI Rule 31 CPC.
  4. Whether affidavits of the attesting witnesses denying attestation could be relied on.

Provisions considered

Held

Result

Appeal dismissed; High Court judgment affirmed; no order as to costs.

Judgment PDF: Supreme Court of India, [2026] 6 S.C.R. 521.