Showing : 51-60 of 794 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Will-- Proof - Execution of Will by testator in favour of his wife - Due execution and attestation of Will proved on record - Testator was in sound disposing state of mind at the time of execution of Will - No evidence on record that propounder took active participation in making of Will - Will rightly..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Succession Act, 1925, Section 295-- Will - Probate petition - Contentious case - Respondent specifically disputed execution of Will and mental capacity of testator - Court below required to convert petition into a regular suit and therefore deal with the matter by framing issues and pronouncing the judgment as provided under CPC...........
KERALA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 90-- Thirty years old document - Presumption - Will produced in original from proper custody and was more than 30 years old - Held, in the light of S.90 of Evidence Act, document should be taken as proved in all respects, including its execution and attestation and also testamentary capacity of..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Will-- Proof of - Major contradictions found in testimonies of attesting witnesses as to execution and attestation of Will - Relationship of beneficiary under Will with that of testator is doubtful, as in mutation proceedings said beneficiary had initially represented himself as `Bhanja' of testator but..........
DELHI HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38, 39-- Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - U, registered gift deed - Defendant relied upon a Will executed by plaintiff after deed of gift - Transaction of gift having concluded before execution of Will, is inconsistent to 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..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Will-- Execution - Mere registration of Will does not obviate the propounder of Will to prove its due execution by examining the attestors...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Will-- Execution - Role of scribe or identifying witness - Scribe or identifying witnesses cannot speak for attestors rather only attestors can speak for due execution of Will - In the instant case, though scribe and identified witnesses had witnesses the execution of Will by executant - But law did not..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Will-- Exclusion of natural heirs - Cannot itself be a ground to raise a doubt with regard to due execution of Will - In the instant case, there is no natural heir of testatrix - Appellants who come forward to claim property of testatrix by way of succession, failed to prove as to how they inherited..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Will-- Due execution - Will executed by blind testatrix - Both attesting witnesses of Will proved due execution of Will in accordance with law, before earlier order of Letter of Administration was cancelled - When case proceeded after remand, execution of Will also proved by calling upon two witnesses..........

Showing : 51-60 of 794 Results