Supreme Court of India Judgements

46905 Judgements hosted as on 12/10/2025 - Search (FREE), Subscribe, Read & Download

Category: Will & Succession

Will & Succession

Evidence Act, 1872 – Section 68 – Genuineness of execution of Will – In the matter of appreciating the genuineness of execution of a Will, there is no place for the Court to see whether the distribution made by the testator was fair and equitable to all of his children – The Court does not apply Article 14 to dispositions under a Will.

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SWARNALATHA AND OTHERS @APPELANT Vs. KALAVATHY AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil Appeal No. 1565…

Will & Succession

Hindu Succession Act, 1956 – Section 14(1) – Property of a female Hindu to be her absolute property – Objective of Section 14(1) – There cannot be a fetter in a owner of a property to give a limited estate if he so chooses to do including to his wife but of course if the limited estate is to the wife for her maintenance that would mature in an absolute estate under Section 14(1) of the said Act.

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JOGI RAM — Appellant Vs. SURESH KUMAR AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. ) Civil Appeal…

Will & Succession

If a property of a male Hindu dying intestate is a self acquired property or obtained in partition of a co-parcenery or a family property, the same would devolve by inheritance and not by survivorship, and a daughter of such a male Hindu would be entitled to inherit such property in preference to other collaterals. Hindu Succession Act, 1956 – Sections 14 and 15 – Partition of properties – Right of daughter to father’s property – If death of father in prior to enforcement of Hindu Succession Act, 1956 – Law of inheritance under Hindu Succession Act, 1956 are applicable.

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARUNACHALA GOUNDER (DEAD) BY LRS — Appellant Vs. PONNUSAMY AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari, JJ. )…

Will & Succession

IMP : Succession Act, 1925 – Section 63 – Proof of wills – Has the testator signed the will? Did he understand the nature and effect of the dispositions in the will? Did he put his signature to the will knowing what it contained? Stated broadly it is the decision of these questions which determines the nature of the finding on the question of the proof of wills. It would prima facie be true to say that the will has to be proved like any other document except as to the special requirements of attestation prescribed by Section 63 of the Indian Succession Act.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MURTHY AND OTHERS — Appellant Vs. C. SARADAMBAL AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.V. Nagarathna, JJ. ) Civil…

Will & Succession

Succession Act, 1925 – Section 63 – Execution of unprivileged Wills — The person claiming to be scribe of the Will as well as the two attesting witnesses deposed to support the case of the original plaintiff, but both the Trial Court and the First Appellate Court disbelieved their testimony. The thumb impression of ‘K’ was not matched. There was contradiction in the evidences of attesting witnesses as regards the place of execution. The requirement of Section 63 of the Indian Succession Act, 1925 cannot be said to have been fulfilled by mechanical compliance of the stipulations – – An enquiry of such nature was impermissible while hearing an appeal under S 100 of the CPC

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF HARYANA — Appellant Vs. HARNAM SINGH (DEAD) THR. LRS. AND OTHERS — Respondent ( Before : L. Nageswara Rao and Aniruddha Bose,…

Will & Succession

Succession Act, 1925 – Section 70 – Revocation of unprivileged Will – In view of Section 70, revocation can be made only by following modes: (a) By Execution of another Will or codicil. (b) A writing executed by the testator declaring an intention to revoke the Will and executed in the manner in which an unprivileged Will is required to be executed. (c) By burning, tearing or otherwise destroying the same by the testator or by some person in his presence and by his direction with the intention of revoking the same.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  BADRILAL — Appellant Vs. SURESH AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil Appeal No. 6524…

Will & Succession

Indian Succession Act S 63 & Indian Evidence Act S 68 have been duly complied with in proving Exhibit P4 (Will). HELD due execution of Exhibit P4 is accepted as against Exhibit D1. Exhibit P4 also cannot be questioned by the Respondent No. 1 who is none other than the erstwhile brother-in-law of the Appellant. Respondent No. 1 & 2 merely rely upon Exhibit D1 which is rightly found to be not genuine by both the Courts. We feel that the Appellate Court has not considered the relevant materials and substituted its own views when not warranted either on facts or law.HELD due execution of Exhibit P4 is accepted as against Exhibit D1. Exhibit P4 also cannot be questioned by the Respondent No. 1 who is none other than the erstwhile brother-in-law of the Appellant. Respondent No. 1 & 2 merely rely upon Exhibit D1 which is rightly found to be not genuine by both the Courts. We feel that the Appellate Court has not considered the relevant materials and substituted its own views when not warranted either on facts or law.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH V. PRABHAKARA — Appellant Vs. BASAVARAJ K. (DEAD) BY LR. AND ANOTHER — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ.…

Will & Succession

Succession Act, 1925 – Section 273(b) – Partition suit – Transfer of – Virtue of Proviso (b) of Section 273 of the Indian Succession Act, 1925, any letters of administration granted by the District Court, Saket cannot have effect in other States unless the value of the property affected by the grant and located beyond the limits of the State, does not exceed Rs.10,000/.

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA SINGLE BENCH RAVINDER NATH AGARWAL — Appellant Vs. YOGENDER NATH AGARWAL AND OTHERS — Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition (Civil) No.…

You missed

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand.

Oct 12, 2025 sclaw
Evidence Act

Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility.

Oct 12, 2025 sclaw
Anticipatory Bail Corruption

Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.

Oct 12, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence.

Oct 12, 2025 sclaw