Search Results for "Proof of Will"

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Bombay High Court Allows Marking of Will in Testamentary Suit Despite Disputed Execution. Court holds that attesting witness's affidavit and oral evidence sufficiently prove due execution under Section 63 of the Indian Succession Act, 1925.

The matter pertains to Testamentary Suit No. 46 of 1997 arising out of Testamentary Petition No. 308 of 1997 concerning the estate of Raju Muthaya She...

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Bombay High Court Dismisses Appeal Against Grant of Letters of Administration — Will Proved by Attesting Witness Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872. The Court Held That the Propounder Removed All Suspicious Circumstances and the Will Was Genuine.

The appeal arose from a judgment of a single judge granting Letters of Administration to the respondent, Rakesh Phoolchand Jain, in respect of the las...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Will Proved Under Section 68 of Indian Evidence Act, 1872. Daughter's claim for share as heir fails as Will Exh.-44 is held duly executed and attested.

The appellant, Kasturibai w/o Dadarao Wankhade, filed a second appeal challenging the concurrent judgments of the trial court and first appellate cour...

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Bombay High Court Dismisses Appeals in Property Dispute Over Will Validity and Adverse Possession. Court upholds trial court's finding that plaintiff failed to prove execution of will and defendants failed to prove adverse possession.

The case involves a property dispute between the plaintiffs (Carlos Tavora and others) and the defendants (Maria Felicidade Fernandes e Lobo and other...

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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.

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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Bombay High Court Dismisses Appeal in Succession Act Case — Will Not Proven in Accordance with Indian Succession Act, 1925. Court held that propounder failed to prove due execution and attestation of will under Section 63 of the Indian Succession Act, 1925.

The appellant, Smt. Eugenia Rana, filed an appeal against the judgment and decree dated 30th April 1994 passed by the Civil Judge, Senior Division, Da...