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Dr.K.R. Leela Devi vs K.R. Rajaram on 29 May, 2025 cites

Babu Singh & Ors vs Ram Sahai @ Ram Singh on 30 April, 2008

We, however, do not find any legal proposition to that effect in Babu Singh and Others (supra), as argued by the learned counsel. In that case, the propounder contended that one of the attesting witnesses had been won over by the opposite party. During the hearing, the counsel for the propounder stated that the other witness had gone abroad and was, therefore, beyond the court's process. This stand was not accepted by the trial court, though the appellate court found it RFA No.715/2013 26 2025:KER:36448 sufficient. In those circumstances, the Honourable Supreme Court observed that a mere statement made through counsel, as opposed to one made on oath by the party, cannot be treated as evidence. It was emphasised that such a submission from the Bar cannot substitute the satisfaction of the requirement necessary for invoking Section 69 of the Evidence Act. Significantly, the Court further observed in paragraph 27 as follows:-
Supreme Court of India Cites 12 - Cited by 104 - S B Sinha - Full Document

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

In Venkatachala Iyengar v. B. N. Thimmajamma and Others [AIR 1959 SC 443], the Honourable Supreme Court identified the following as relevant indicators of suspicious circumstances surrounding a Will: (i) when a doubt is created regarding the mental condition of the testator despite their signature on the Will; (ii) when the disposition appears unnatural or wholly unfair in the light of surrounding circumstances; and (iii) where the propounder himself takes a prominent role in the execution of the Will, which confers on him substantial benefit. After thoroughly examining the evidence on record and all attending circumstances, we do not find that any of the above conditions are attracted in the present case. We find merit in the contention raised by the first defendant that the RFA No.715/2013 35 2025:KER:36448 existence of the power of attorney for the sale of the plaint A-schedule lands, the mutation of the residential plot effected on the basis of the Will nearly two decades before the institution of the suit, and the eviction petition against a tenant wherein a copy of the Will was produced, collectively support the genuineness of the Will.
Supreme Court of India Cites 14 - Cited by 1203 - P B Gajendragadkar - Full Document

N. Kamalam (Dead) And Anr vs Ayyasamy & Anr on 3 August, 2001

9. The learned counsel appearing for the plaintiff and the second defendant relied on the following decisions to substantiate their contentions: N.Kamalam (Dead) and Another v. Ayyasamy and Another [(2001) 7 SCC 503], Babu Singh and others v. Ram Sahai alias Ram Singh [(2008) 14 SCC 754],Lilian Coelho & Ors. v. Myra Philomena Coalho [(2025) 2 SCC 633],H.Venkatachala Iyengar v. B.N.Thimmajamma and Others (AIR 1959 SC
Supreme Court of India Cites 28 - Cited by 178 - Full Document

Pentakota Satyanarayana & Ors vs Pentakota Seetharatnam & Ors on 29 September, 2005

32. We note that there is no dispute, either in the pleadings or during the trial, regarding the signature of Bhavani in Ext.B2 Will. The contention was only that the execution of the Will was the result of coercion and undue influence allegedly exerted by the first defendant. We are mindful of the law laid down by the Apex Court in Pentakota Satyanarayana case (supra) that, although the registration of a Will does RFA No.715/2013 32 2025:KER:36448 not absolve the propounder from adducing evidence to prove its due execution, the regularity of the official acts of the Registrar in respect of registering the document can be presumed under Section 114 of the Evidence Act, unless the contrary is proved. Section 34 of the Registration Act, 1908 mandates that the registering authority shall conduct an enquiry into the identity of the executant of all registered deeds.
Supreme Court of India Cites 19 - Cited by 329 - A R Lakshmanan - Full Document
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