Supreme Court of India Judgements

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Category: Will & Succession

Will & Succession

Succession certificate – Transfer of proceedings – Parties shall produce the copy of the Settlement Agreement and the copy of this order before the Court where the proceedings are pending or before the Authorities who hold the properties of the deceased or the companies which owe money or in which shares are held by the deceased, so that they act accordingly to the satisfaction of both the parties

Feb 13, 2021 sclaw

SUPREME COURT OF INDIA SINGLE BENCH KRITI AGARWAL — Appellant Vs. VEENA RASTOGI — Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition (Civil) No. 166 of 2019 Decided…

Will & Succession

It is fairly well settled that in absence of pleading, any amount of evidence will not help the party – When the adoption ceremony, is mentioned in the registered adoption deed, which was questioned in the suit, there is absolutely no reason for not raising specific plea in the suit and to file application at belated stage to summon the record

Nov 9, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH BIRAJI @ BRIJRAJI AND ANOTHER — Appellant Vs. SURYA PRATAP AND OTHERS — Respondent ( Before : Ashok Bhushan, R.Subhash Reddy and M.R.Shah, JJ.…

Will & Succession

The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities.(ii) rights can be claimed by the daughter born earlier with effect from 9.9.2005 subject to Section 6(1) (iii) coparcenary is by birth, it is not necessary that father coparcener should be living as on 9.9.2005.(iv) The provisions of the Section 6 are required to be given full effect. Notwithstanding that a preliminary decree has been passed the daughters are to be given share in coparcenary equal to that of a son  in pending proceedings for final decree or in an appeal. (v) A plea of partition based on oral evidence alone cannot be accepted and to be rejected outrightly. (vi) The daughters cannot be deprived of their right of equality conferred upon them by Section 6.

Aug 11, 2020 sclaw

The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as…

Will & Succession

Padmanabhaswamy Temple: HELD Shebaitship must devolve in accordance with the applicable law and custom upon his successor; that the expression “Ruler of Travancore” as appearing in Chapter III of Part I of the TC Actmust include his natural successors according to law and custom; and that the Shebaitship did not lapse in favour of the State by principle of escheat

Jul 13, 2020 sclaw

  Padmanabhaswamy Temple: “Death of King does not effect Shebaitship” Supreme Court rules that Travancore royal family has control over Temple The Bench held that the death of the King…

Will & Succession

Succession Act, 1925 – Sections 63, 81,89, 268 and 276 – Civil Procedure Code, 1908 (CPC) – Section 151 – Evidence Act, 1872 – Section 68 – Grant of probate of Will – Prayer of the appellant for grant of probate in relation to the Will in question has been declined concurrently by the Trial Court and by the High Court essentially after finding several unexplained suspicious circumstances surrounding the Will in question. HELD mere proof of signatures are not sufficient to prove will. Will in question is required to be considered void as per Section 89 of the Succession Act, when the principal bequeathing stipulation in the Will suffers from uncertainty to the hilt.

May 19, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH KAVITA KANWAR — Appellant Vs. MRS. PAMELA MEHTA AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil…

Will & Succession

Evidence Act, 1872 – Section 65 and 66 – Secondary evidence – Will – Prove of – It is a settled position of law that for secondary evidence to be admitted foundational evidence has to be given being the reasons as to why the original Evidence has not been furnished. HELD Needless to observe that merely the admission in evidence and making exhibit of a document does not prove it automatically unless the same has been proved in accordance with the law – Appeal allowed.

May 13, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH JAGMAIL SINGH AND ANOTHER — Appellant Vs. KARAMJIT SINGH AND OTHERS — Respondent ( Before : Navin Sinha and Krishna Murari, JJ. )…

Will & Succession

Evidence Act, 1872 – Section 68 – Will – Proof of – Mere proof of the document in accordance with the requirements of Section 68 of the Evidence Act is not final and conclusive for acceptance of a document as a Will – When suspicious circumstances exist and the suspicions have not been removed, the document in question cannot be accepted as a Will – Appeal dismissed

Apr 26, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH SHIVAKUMAR AND OTHERS — Appellant Vs. SHARANABASAPPA & ORS. — Respondent ( Before : A.M. Khanwilkar, Hemant Gupta and Dinesh Maheshwari, JJ. )…

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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.

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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.

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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