Showing : 1-10 of 37 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Will -- Suspicious circumstances - Non registration of Will - Earlier testator opted to register all the Wills executed by him and even the cancellations - No satisfactory explanation offered for non registration of Will - Will executed at the office of document writer at a distant place - There is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Will-- Two Wills - One produced by plaintiffs and other by defendants - Plaintiffs claiming that testatrix was the sister of their father - Onus was upon plaintiffs to establish relationship by direct and cogent evidence in terms of S.50 of Evidence Act - However, plaintiffs failed to discharge the..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Will-- Two Wills - Earlier Will registered - In order to prevail the last Will over earlier one, reference of revocation of earlier Will is necessary in later Will...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Will-- Execution - Proof - Attesting witness - Scribe or identifying witness - Due execution of a compulsory attestable document can be only by examining atleast one of the attestors - Scribe or identifying witnesses of an attestable document including Wills, cannot be regarded as attesting witnesses..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 9, Succession Act, 1925, Section 63-- Non-joinder of necessary party - Will - Petitioner claiming their entitlement only on basis of Wills and petitioner were justified in impleading only those legal heirs who were contesting Wills or were setting up a counter Will and excluding other legal heirs, if any, who were not disputing Wills...........
DELHI HIGH COURT
Year of decision: 2017
Details
Will-- Proof of - Two Wills - Genuineness of earlier registered Will is endorsed by PW1, who set up subsequent Will, as she admitted that earlier Will was duly signed by testator and both attesting witnesses - Since subsequent Will is discarded by CFSL expert, no reliance therefore, can be placed on said..........
DELHI HIGH COURT
Year of decision: 2017
Details
Will-- Proof of - Two Wills - CFSL expert opined that signatures of testator and attesting witness on subsequent Will, does not tally with admitted signatures - Evidence of CFSL expert cannot be discarded merely because it has not been put to him in cross-examination as to how admitted signatures were..........
KERALA HIGH COURT
Year of decision: 2017
Details
Will-- Does not take effect till death of testator - Will comes into force only on the death of testator and till then testator is empowered to make other Wills or other dispositions in respect of the property covered by the Will. (Succession Act, 1925, S.88)...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Certified copies of Will - Plaintiffs produced certified copies of Wills in question, as they are not in possession of original Wills - Since claim is on the basis of Will, it is for plaintiffs to plead and prove that testator had executed Will in a sound and disposing state..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Will-- Proof - Two Wills executed by testator on the same day - One Will executed in favour of widow and other in favour of nephews - Will in favour of widow of testator not proved, as she failed to produce any witnesses to the said Will - Nephews of testator on the other hand proved Will in their favour..........

Showing : 1-10 of 37 Results