AIROnline 2025 SC 616

Supreme Court Of India

(From : Hyderabad)

Hon'ble Judge(s): Vikram Nath, Sandeep Mehta , JJ

Specific Relief Act (47 of 1963) , S.34, S.38— Succession Act (39 of 1925) , S.63— Declaration and permanent injunction - Ownership of property - Claim based on registered will - Plaintiff second wife claimed share in properties on basis of registered Will executed by her husband - Burden was on defendant step-son to prove that will was not genuine - Defendant admitted that signatures on Will were of his father - Will fairly distributed properties among plaintiff, defendant and widowed daughter - Anticipating possible disputes between plaintiff and defendant, testator had also arranged a family settlement to avoid future conflicts, which was consistent with terms of Will - Plaintiff was in possession of land received under Will - Defendant had received a major share as per Will, which ruled out manipulation - Genuineness of the Will could not be doubted - Judgment of High Court interfering with decree passed by trial court and reducing share of plaintiff, was erroneous Evidence Act (1 of 1872) , S 101— Appeal Suit No. 178 of 1995, D/- 23.1.2014 (Hyd)-Reversed (Para 8 9 10 11 12) .....