Supreme Court of India Judgements

47295 Judgements hosted as on 02/08/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Category: Will & Succession

Will & Succession

Succession Act, 1925 — Sections 33, 35 and 38 — Hindu/Christian Succession — Applicability of S. 33 confined to property owned by deceased male; erroneous application by High Court set aside — Where property was purchased and registered in the joint names of two wives, the same is owned by them and not by the husband, notwithstanding that he provided the consideration — Section 33, which governs devolution on intestacy of a male’s property between his widow and lineal descendants, is not attracted to property never vested in the husband’s name — High Court’s application of S. 33 to the entirety of the suit property held misconceived.

Aug 2, 2026 sclaw

2026 INSC 765 SUPREME COURT OF INDIA DIVISION BENCH SHAKUNTALA AND OTHERS Vs. ROBERT ANTHONY AND OTHERS ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Civil Appeal…

Will & Succession

Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.

Jul 30, 2026 sclaw

2026 INSC 757 SUPREME COURT OF INDIA DIVISION BENCH MARAGADHAM Vs. PERIYARAJA AND OTHERS ( Before : Sanjay Kumar and Sanjeev Sachdeva, JJ. ) Civil Appeal No. 12190 of 2025…

Will & Succession

Hindu Succession Act, 1956 — Sections 8, 10, 19 — Property of a male Hindu dying intestate — Devolution of property — Heirs taking property as tenants-in-common and not joint tenants — Each heir having a definite and separate share — No presumption of coparcenary property.—-Section 8 — Property inherited by a son from his father — Son takes the property in his individual capacity and not as karta of his own Hindu Undivided Family — Descendants of the heir do not acquire rights in such property by birth.

Jun 2, 2026 sclaw

2026 INSC 613 SUPREME COURT OF INDIA DIVISION BENCH DARUBAI AND ANOTHER Vs. KAMALABAI AND OTHERS ( Before : Sanjay Karol and Augustine George Masih, JJ. ) Civil Appeal No…..of…

Will & Succession

Succession Act, 1925 — Section 263 — Revocation of probate — Limitation — No specific period of limitation prescribed for application for revocation of probate — Article 137 of Limitation Act, 1963 applies — Right to apply accrues when applicant has knowledge of the facts justifying revocation.

May 31, 2026 sclaw

2026 INSC 602 SUPREME COURT OF INDIA DIVISION BENCH DHIRAJ DUTTA Vs. ANIRBAN SEN AND OTHERS ( Before : Sanjay Karol and Vipul M. Pancholi, JJ. ) Civil Appeal No.…

Will & Succession

Succession Act, 1925 — Section 63 — Evidence Act, 1872 — Section 68 — Will — Validity and execution — Requirements — Attesting witnesses — Proof of execution — Suspicious circumstances — The court must consider if the Will was executed by the testator and if it was his last Will — It is not required to be proved with mathematical accuracy but requires satisfaction of a prudent mind — Section 63 of the Succession Act mandates signing or affixing a mark, attestation by two or more witnesses, with each witness seeing the testator’s signature or acknowledgment and signing in the testator’s presence — Section 68 of the Indian Evidence Act requires calling at least one attesting witness alive and capable of giving evidence to prove execution — If there are suspicious circumstances, the propounder must remove them — The test of judicial conscience requires considering the testator’s awareness of the Will’s contents and consequences, his sound state of mind, and that he acted of his own free will.

May 23, 2026 sclaw

2026 INSC 521 SUPREME COURT OF INDIA DIVISION BENCH PARVATHI NAIRTHI (DEAD) AND OTHERS Vs. LAXMI NAIRTHY (DEAD) THROUGH LRS. AND OTHERS ( Before : Ujjal Bhuyan and Vijay Bishnoi,…

Will & Succession

Succession Act, 1925 — Section 263 — Revocation of probate — Just cause — Fraudulent grant by concealing material facts or false suggestions — Failure to cite necessary parties — Grant of probate is a judgment in rem and binds the world — Persons with even a slight interest, including subsequent transferees from heirs, are entitled to citation before probate is granted — Failure to implead appellants and legal heirs of deceased sons, and to issue citations, constitutes just cause for revocation.

Apr 22, 2026 sclaw

2026 INSC 400 SUPREME COURT OF INDIA DIVISION BENCH S. LEOREX SEBASTIAN AND ANOTHER Vs. SAROJINI AND OTHERS ( Before : Ujjal Bhuyan and Vipul M. Pancholi, JJ. ) Civil…

Will & Succession

Succession Act, 1925 — Section 63 — Indian Evidence Act, 1872 — Section 68 — Proof of Will — Requirement of attestation — Will excluding one legal heir (daughter) — One attesting witness (DW-2) examined — DW-2 must speak not only to the execution by the testator and his own attestation, but also to the attestation by the other witness — Failure of the Trial Court and High Court to find the Will proved — Evidence of DW-2 affirmed the signatures of the testator and both attesting witnesses after being suggested so in cross-examination by the plaintiff — Where a positive suggestion is made in cross-examination, and the witness affirms it, the response has probative value and cannot be ignored merely because it was a leading question — Concurrent finding disbelieving the Will reversed. (Paras 6, 16, 23, 24, 29

Dec 18, 2025 sclaw

2025 INSC 1451 SUPREME COURT OF INDIA DIVISION BENCH K. S. DINACHANDRAN Vs. SHYLA JOSEPH AND OTHERS ( Before : Ahsanuddin Amanullah and K. Vinod Chandran, JJ. ) Civil Appeal…

Will & Succession

Indian Succession Act, 1925 — Section 306 — Abatement of suits — Claim for compensation for personal injury under Motor Vehicles Act, 1988 — Right to claim compensation survives to legal representatives upon death of injured claimant, irrespective of cause of death — Amendment to Section 167 of Motor Vehicles Act, 1988 by Act 32 of 2019 with effect from 01.04.2022 is retrospective and applicable to pending appeals — Preliminary objection by insurance company regarding abatement of appeal on death of claimant rejected

Sep 28, 2025 sclaw

2025 INSC 1177 SUPREME COURT OF INDIA DIVISION BENCH DHANNALAL ALIAS DHANRAJ (DEAD) THR. LRS. Vs. NASIR KHAN AND OTHERS ( Before : K. Vinod Chandran and N. V. Anjaria,…

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Property Matters Transfer Of Property Act

Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist.

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C P C

Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits.

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Customs & Excise

Extended Period Of Limitation Under Proviso To Section 11A, Central Excise Act Cannot Be Invoked When Facts Are Known To Department Without Wilful Suppression A. Central Excise Act, 1944 — Section 35L — Maintainability of appeal before Supreme Court — Preliminary objection raised by Department that appeal does not come under Section 35L as issue had no relation to rate of duty or valuation — Held, issue raised regarding extended period of limitation on ground of non-inclusion of certain costs in assessable value has an inextricable link with valuation of goods for purposes of assessment — Issue raised in show cause notice fundamentally dealt with valuation of goods — Supreme Court declined to relegate matter to High Court after almost a decade of pendency — Preliminary objection rejected.

Aug 16, 2026 sclaw