Suspicious Circumstances Defeat Proof of Will Under Sections 63 and 68: SC

Shivakumar & Ors. Vs Sharanabasappa & Ors. (Supreme Court of India) The appeal before the Supreme Court arose from a judgment of the Karnataka High Court reversing the decree of the Trial Court in a suit for declaration and injunction concerning ownership of immovable properties claimed under a Will dated 20.05.1991. The plaintiffs asserted that they acquired ownership of the suit properties under the Will executed by the deceased testator and challenged the validity of a trust created by the defendants after the testator’s death. The defendants disputed the genuineness of the Wi...