Court Fees Act, 1870, Section 7(ivA) -- (as applicable in State of UP) - Ad valorem Court fee - Suit for declaration that Will is null and void along with consequential relief of permanent injunction - Will is related to movable and immovable properties of testator - Suit has to be valued only on the face value of such a Will till it was declared void by Court and was to..........
Will -- Execution of two Wills on the same day - One Will executed relating to lease hold rights of property situated in one village and the second Will executed of which the testator is the owner of property situated in another village - Merely because the testator executed two Wills on the same day would not be sufficient to discard the Will which is signed not only by..........
Will -- Execution of two Wills on the same day - One Will executed relating to lease hold rights of property situated in one village and the second Will executed of which the testator is the owner of property situated in another village - In the Will relating to lease hold rights it is mentioned that this is first and last Will of testator - It is with regard to leasehold..........
Will -- Registration - Registered Will executed by testator is a solemn document, as registered document has presumption of correctness...........
Will -- Proof - Will executed and registered in 1992 and testator remained alive for a period more than 10 years - It is proved that executant as well as both the attesting witnesses were present not only at the time of execution of Will by scribe but they were also present at the time of its registration - No evidence on record that Will was result of undue influence or..........
Will -- Plaintiff was living with testator for a long period of time - Truth and validity of will propounded by plaintiff did not depend upon whether she was legally wedded wife or mistress of testator or whether she was in an unacceptable relationship with testator...........
Will -- Due execution - Will in favour of plaintiff is valid in view of following reasons: (i) all sons of testator provided their respective shares under a registered partition deed and testator in fact had given a police complaint against his own sons; (ii) Will was a registered Will of 1992 and after execution of which testator lived for four years: (iii) plaintiff..........
Will -- Due execution - In the matter of appreciating the genuineness of execution of a Will, there is no place for Court to see whether the distribution made by testator was fair and equitable to all of his children - Court does not apply Art.14 to dispositions under a Will...........
Will -- Proof - Original Will on record but exhibit marked on photocopy thereof - Original Will thumb marked by testator and signed by both the attesting witnesses - Both the attesting witnesses stated that Will was typed on the instructions of testator and thereafter testator thumb marked the Will and thereafter attesting witnesses signed in the presence of testator as..........
Will -- Execution - Proof - Will should be attested by at least two witnesses - (1) Witnesses should have seen the affixture of signature or mark by testator or had received a personal acknowledgment from testator regarding his signature or mark affixed and that (ii) the witnesses should have signed the Will in the presence of the testator - These two inseparable..........
