In which case did the Supreme Court of India hold that the presumption under section 90 of the Indian…
In Ashutosh Samanta v. Sm. Ranjan Bala Dasi, the Supreme Court held in 2023 that a will could not be proved merely by showing that it was old enough for section 90. The…
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In which case did the Supreme Court of India hold that the presumption under section 90 of the Indian Evidence Act, 1872, could not by itself prove a will?
Answer and explanation
Correct answer B
In Ashutosh Samanta v. Sm. Ranjan Bala Dasi, the Supreme Court held in 2023 that a will could not be proved merely by showing that it was old enough for section 90. The Court considered the specific statutory rules for proving a will.
Option feedback
Option A
The Orissa High Court considered section 90 in connection with an old document. This was a High Court decision.
Option B
Ashutosh Samanta, decided on 14 March 2023, expressly ruled that a will could not be proved merely by relying on its age under section 90.
Option C
The Bombay High Court case concerned trade marks. It did not address the execution or attestation of wills.
Option D
Rani Purnima Devi addressed proof of a will in suspicious circumstances, including the effect of registration. It did not state the section 90 holding tested here.
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