Showing : 11-20 of 340 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Will -- Proof of - Defendant alleges Will in his favour executed by his father - One of attesting witness of Will, DW3 failed to prove the execution of Will, as he did not state anything about fact that Will was executed in his presence and that it was read over to executant, that executant accepted its..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Will-- Cutting in the name of father of attesting witness - Such cutting is with the typewriting machine - No other cutting in the name of attesting witnesses or in the entire body of Will - Over writings on the date written by Sub Registrar at the time of endorsement alleged but such over writing not..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 68- - Gift deed - Execution - Proof of - Gift deed in favour of defendant was specifically denied by plaintiff - It was therefore incumbent upon defendant to prove the gift deed by calling at least one of attesting witnesses in Court - Since none of attesting witness was examined by defendant, gift..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Will -- Suspicious circumstance - Marginal witnesses - There is no mention of original purported Will in statement of either of witnesses - They deposed only about attesting copy of a purported Will - Marginal witness/PW3 categorically stated that she had not appended her signature on any paper except two..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Will -- Execution - Proof - It is execution of Will which is to be proved and not the contents of it - Evidence of attesting witness who stated that he put his signature at the instance of scribe and did not read the contents of Will cannot be disbelieved. (Evidence Act, 1872, S.68)...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Will -- Proof - Evidence of attesting witness and son of scribe is consistent with evidence on record - Doctor certified that testator was in sound and disposable state of mind - Defendant proved that testatrix had executed Will in her favour...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Will-- Execution - First page of Will not signed by testator or attesting witnesses - One of attesting witness did not acknowledge that he had appended signatures or signed on direction/dictation of testator, which is one of requirements as per S.63(c) of Succession Act - Will rightly discarded...........
DELHI HIGH COURT
Year of decision: 2019
Details
Will -- Proof of - Execution of Will proved by one of attesting witness to Will - Will was signed by testator in a sound and disposing state of mind - Testator put his signature to document of his own free will - Respondent who was the only contesting party also accepted the execution of Will - Will held,..........
KERALA HIGH COURT
Year of decision: 2019
Details
Will-- Execution - Atleast one of the attesting witness should be an independent witness and his examination cannot be avoided if he is capable of giving evidence and amenable to the process of Court for proving the Will...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Will-- Suspicious circumstance - One of the attesting witnesses beneficiary under the Will - Not a suspicious circumstance particularly when no evidence led that on the day when Will was signed, said attesting witness was a beneficiary under the same...........

Showing : 11-20 of 340 Results