Case Law Details
Case Name : V. Prabhakara Vs Basavaraj K. (Dead) By Lr. & Anr. (Supreme Court of India)
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Supreme Court of India
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V. Prabhakara Vs Basavaraj K. (Dead) By Lr. & Anr. (Supreme Court)
A testamentary court is not a court of suspicion but that of conscience. It has to consider the relevant materials instead of adopting an ethical reasoning. A mere exclusion of either brother or sister per se would not create a suspicion unless it is surrounded by other circumstances creating an inference. In a case where a testatrix is accompanied by the sister of the beneficiary of the Will and the said document is attested by the brother, there is no room for any suspicion when both of them have not raised any issue.
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