AIR 2008 SUPREME COURT 300 ::2007 AIR SCW 6787 ::2008 (1) AIR Jhar R 293 ::(2008) 1 MarriLJ 30 ::2008 (1) Marr LJ 30 ::(2008) ILR (Kant) 2485 ::(2007) 4 CivilCourtC 801 ::2007 (11) SCC 621 ::(2007) 4 RecCivR 749 ::2007 (12) Scale 403 ::(2008) 1 ICC 110 ::(2008) 1 Mad LJ 1337 ::2007 (4) Ker LT 811 ::2008 (1) LandLR 411 ::2008 (1) All WC 126 ::(2007) ILR(ker) 4 SC 623

Supreme Court Of India

(From : Kerala)*

Hon'ble Judge(s): S. B. Sinha, H. S. Bedi , JJ

(A) Succession Act (39 of 1925) , S.63— Will - Validity - Plea of undue influence and coercion - Testator a cancer patient living with his sister - Sister, her son and grandsons looking after him - Bequest of property in such circumstances, in favour of nephew and nieces of testator - Natural - Will registered - Not cancelled though testator lived for 7 years after its execution - Fact by itself sufficient to uphold Will. (Para 12) (B) Succession Act (39 of 1925) , S.63— Will - Execution - Attesting witness - Scribe of Will one of attesting witnesses - He had witnessed Will being read over to testator - Witnessed signing of Will by testator - Can be an attesting witness. (Para 13) (C) Succession Act (39 of 1925) , S.63— Evidence Act (1 of 1872) , S.101, S.102, S.103, S.104— Will - Execution - Suspicious circumstances - Plea of coercion - Burden to prove is on party alleging coercion. (Para 15) (D) Succession Act (39 of 1925) , S.63— Will - Suspicious circumstances - Will depriving natural heirs of their share. Deprivation of a due ....