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Madras High Court Allows Second Appeal in Partition Suit Due to Failure to Prove Will by Examining Attesting Witness. Concurrent Findings Set Aside as Will Not Proved Under Sections 68 and 69 of Indian Evidence Act, 1872.

The first plaintiff in a partition suit filed O.S. No.121 of 2010 before the Principal Sub Judge, Nagercoil, seeking partition and separate possession...

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Bombay High Court Dismisses Revision Filed by Brother-in-Law Against Order Granting Right of Residence to Widow and Minor Son Under Domestic Violence Act. Statutory Right of Residence in Shared Household Cannot Be Defeated by a Will Under Section 17 of Protection of Women from Domestic Violence Act, 2005.

The case involves a criminal revision application filed by Ashish Chauhan challenging the judgment and order dated 17.8.2022 passed by the Additional ...

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High Court of Madras Dismisses First Appeal and Upholds Preliminary Decree for Partition; Will Propounded by Defendant Found Not Proved Under Section 63 of Indian Succession Act and Section 68 of Evidence Act.

The case arose from a suit for partition filed by the respondent/plaintiff, claiming a half share in the suit property. The property originally belong...

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Bombay High Court Dismisses Second Appeal in Property Partition Suit — Concurrent Findings of Fact Upheld. No Substantial Question of Law Found Under Section 100 CPC Regarding Will Validity and Adverse Possession.

The case involves a property dispute among family members. The original plaintiff, Indumati Anantrao Naik (since deceased and represented by legal rep...

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Supreme Court Upholds Relevance of Age Statement in Will Under Evidence Act Sections 32(5)&(6) and Admissibility of Secondary Evidence. Legal Principles on Will Execution and Burden of Proof Clarified; Endorsement on Birth Register Held Inadmissible Without Examination of Its Writer.

The case concerned a Hindu male who executed a will three days before his death, bequeathing all his properties absolutely to his mother. In the will,...