Search Results for "Attesting witness"

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Search Results for "Attesting witness"

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High Court

High Court of Karnataka Quashes Order Allowing Impleadment in Regular Appeal — Assignment of Decree Not Proved as Required Under Order 22 Rule 10 CPC. The court held that an application under Order 22 Rule 10 CPC for impleadment based on assignment of a decree must be supported by proper proof of the assignment deed, including examination of attesting witnesses and opportunity for cross-examination.

23 Jun 2026

The petitioners, who are plaintiffs in a regular appeal (R.A.No.31/2022) pending before the Principal Senior Civil Judge and CJM at Ramanagara, challe...

High Court

Madras High Court Upholds Preliminary Decree for Partition in Favour of Daughter in Hindu Succession Act Case. Court holds that Will executed after testator's death is invalid and settlement deed after pre-suit notice is not binding.

30 Mar 2026

The case involves a partition suit filed by M. Kowsalyadevi (plaintiff) against her father (second defendant) and other family members, seeking a 1/8t...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Suit for Partition and Separate Possession Dismissed as Plaintiff Failed to Prove Joint Family Property and His Possession.

24 Nov 2020

The appellant, Champa Poojari, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC), challenging the judgment an...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute — Compromise Decree Without Registration Invalid Under Section 17 of Registration Act, 1908. Unregistered Decree Cannot Confer Title; Will Not Proved Under Section 68 of Evidence Act, 1872.

19 Mar 2020

The case involves a property dispute over land originally owned by Bhajan Singh. Bhajan Singh had divorced his wife Gurmail Kaur in 1973, after which ...

Supreme Court

Supreme Court Allows Partition Appeal and Remands for Fresh Consideration of Cross-objection. High Court's dismissal of cross-objection without merits set aside; matter remanded for adjudication of partition claims.

15 Jan 2020

The case involves a partition suit filed by the respondents (original plaintiffs) in O.S. No.73 of 2004 before the Additional Civil Judge, Hubli, seek...

High Court

High Court of Karnataka Dismisses Second Appeal in Gift Deed Cancellation Suit — Concurrent Findings of Fact Not Interfered With. Plaintiff failed to prove that gift deed was not acted upon or that she remained in possession; courts below concurrently held that gift deed was valid and possession was delivered.

3 Apr 2018

The appellant, Smt. Padmavati Bai (since deceased through LRs), filed a regular second appeal under Section 100 of the Code of Civil Procedure, 1908, ...

High Court

Bombay High Court Grants Letters of Administration with Will Annexed in Testamentary Suit — Will Proved to be Last and Validly Executed Despite Allegations of Suspicious Circumstances and Undue Influence. The court held that the propounder removed all suspicions by proving due execution and testamentary capacity under Section 63 of the Indian Succession Act, 1925.

14 Oct 2016

The plaintiff, Panna Surendra Mehta, sister-in-law of the deceased Jaswantbhai Natwarlal Jolia, sought Letters of Administration with Will Annexed to ...

High Court

Bombay High Court Dismisses Appeal Against Probate of Will in Favour of Respondent. Later Will Not Proved as Attesting Witnesses Not Examined and Suspicious Circumstances Not Dispelled Under Indian Succession Act, 1925.

11 Jan 2010

The appellant, Krishnakumar Deshmukh, filed an appeal against the judgment and order dated 2.4.2009 passed by the 8th Joint Civil Judge (Senior Divisi...

High Court

Bombay High Court Dismisses Petition Challenging Will Probate in Succession Act Case — No Interference with Concurrent Findings of Fact by Courts Below. The court upheld the validity of a Will executed by an 85-year-old testator, finding that the propounder had dispelled suspicious circumstances by examining attesting witnesses and the scribe under Section 63 of the Indian Succession Act, 1925.

30 Nov -0001

The petitioners, who were the original defendants in a probate proceeding, challenged the grant of probate of a Will executed by the testator, Smt. In...

High Court

Bombay High Court Allows Appeal in Succession Act Case — Will Proved in Manner Required by Law. Court holds that a will executed by a Muslim testator is governed by the Indian Succession Act, 1925, and must be proved in accordance with Section 63(c) and Section 68 of the Evidence Act, 1872.

30 Nov -0001

The case involves a first appeal against the judgment and decree of the Civil Judge, Senior Division, Aurangabad, in Special Civil Suit No. 5 of 2000,...

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