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Sri Ravada Appala Reddy And Another vs Kadambari Sarojini Devi And Others on 29 April, 2015 cites

H. Venkatachala Iyengar vs B. N. Thimmajamma & Others on 13 November, 1958

In H.Venkatachala Iyengar v. B.N.Thimmajamma and others , the Supreme Court held that the question as to whether the Will set up by the propounder to be the last Will of the testator has to be decided in the light of the provisions of Sections 67 and 68 of the Indian Evidence Act, 1872 and Sections 58 and 63 of the 1925 Act and that the reasonable test to be applied would be the usual test of satisfaction of the prudent mind to such matters. The Court further held that the propounder would be called upon to show by satisfactory evidence that the Will was signed by the testator, that the testator at the relevant time was in a sound and disposing state of mind, that he understood the nature and effect of the dispositions and his signature to the document is of his own free will. It was also held that ordinarily when the evidence is disinterested and that the testator has signed the document as required by law, the Courts shall be justified in making a finding in favour of the propounder. The Court further held that there may however be suspicious circumstances surrounding the Will rendering the same invalid.
Supreme Court of India Cites 14 - Cited by 1203 - P B Gajendragadkar - Full Document
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