Showing : 101-110 of 262 Results

RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Will-- Execution - Proof - There is no requirement of law that attesting witness should be knowing the contents of Will - The only requirement is that the testator of the Will should put his signature or thumb mark as the case may be in presence of two or more witnesses and that the said witnesses also..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Will-- Burden of proof - Propounder has to prove the execution of Will and is further required to remove the suspicion by leading sufficient and cogent evidence - However, if defence of fraud, coercion or undue influence is raised, the burden would be on the caveator...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Will-- Execution - Proof - Executant used to sign but thumb marked the Will - However, there is only one signature of executant which is a copy of a passport wherein signatures are in a haphazard manner - On other documents available on record such as vaklatnama and power of attorney filed in a suit..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 112, Hindu Adoptions And Maintenance Act, 1956, Section 11, Will-- Proof of - Suspicious circumstances - Attester and scribe of will does not say that will was drafted to the dictation and information of executor - As per their evidence executor having understood the contents affixed his thumb impression - Deceased was suffering from asthma - Nothing on record to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 63,68-- Will - Execution - Proof - Held, burden is on propounder of Will to prove execution of same - A Will is a compulsorily attestable document and it has to be proved that executant of Will was conscious and aware of contents of same...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Will-- Execution - Proof - Two Wills - Registered Will, earlier in time, in favour of defendants - Unregistered Will, later in time, in favour of plaintiff - Will in favour of plaintiff duly proved not only by examining both the attesting witnesses but also the scribe - Whereas Will in favour of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Will-- Execution - Proof - Legal requirements for proving execution of Will summarised as : (1) A Will like any other document is to be proved in terms of provisions of Indian Succession Act and the Indian Evidence Act; (2) Onus of proving the Will is on the propounder; (3) Testamentary capability of the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Will -- Execution - Proof - Scribe of Will died and therefore another Deed Writer was examined to prove handwriting of scribe - Defendants have also examined one attesting witness of the Will i.e. Sarpanch - Held, this evidence is sufficient to prove due execution of Will - There was also sufficient..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Will-- Execution - Proof - Will registered - One of the attesting witness deposed that he was present when the will was being written - Scribe of the Will also examined - Held, Will validly proved...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Will-- Execution - Proof - Required aspects to be proved are : (1) That the Testator has signed or affixed his mark to the Will or the Will has been signed by some other person in the presence and under the direction of the Testator; (2) The signature or mark of the Testator or the signature of the..........

Showing : 101-110 of 262 Results