Search Results for "Attesting Witness"

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Search Results for "Attesting Witness"

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High Court

Bombay High Court Upholds Probate of Will Despite Death of Attesting Witnesses — Secondary Evidence Sufficient to Prove Execution. Court holds that when both attesting witnesses are dead, their signatures can be proved by other evidence under Section 69 of the Indian Evidence Act, 1872, and the will can be admitted to probate if the propounder proves due execution and testamentary capacity.

1 Jul 2013

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court holding that the last will and testament of Sebastian John D'Souz...

Supreme Court

Supreme Court Dismisses Appeal in Letters of Administration Case Under Indian Succession Act, 1925. The court upheld concurrent findings that the will was genuine and properly proved, rejecting arguments based on delay and inapplicability of presumption under Section 90 of the Evidence Act, 1872.

14 Mar 2023

The appeal arose from a judgment of the Calcutta High Court affirming a trial court decree granting letters of administration under Section 278 of the...

Supreme Court

Supreme Court Upholds Gift Deed in Ancestral Property Dispute — Property Devised by Will Held Self-Acquired. Gift Deed Valid as Execution Not Specifically Denied, No Attesting Witness Required Under Section 68 of Indian Evidence Act, 1872.

4 Oct 2019

The present appeal arises from a second appeal before the Gujarat High Court concerning a gift deed executed by Chhotabhai Ashabhai Patel (donor) on N...

High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Dispel Doubts. Court holds that propounders must prove due execution and testamentary capacity beyond suspicion, and failure to examine attesting witnesses or explain unnatural bequests leads to rejection of probate.

22 Feb 2018

The judgment concerns two testamentary proceedings: a Miscellaneous Petition No. 39 of 2004 in Testamentary Petition No. 233 of 2004 and a Testamentar...

High Court

Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

22 Aug 2019

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Prove Execution. Court finds that the Will and Codicil were not proved in accordance with Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872, due to lack of attesting witnesses and suspicious circumstances surrounding the documents.

22 Feb 2018

The judgment concerns two connected matters: a Miscellaneous Petition (No. 39 of 2004) and a Testamentary Suit (No. 4 of 2005), both relating to the e...

High Court

Bombay High Court Dismisses Probate Suit Challenging Will on Grounds of Suspicious Circumstances and Lack of Testamentary Capacity. Will dated 9th March 1981 held not duly executed and attested as required under Section 63 of the Indian Succession Act, 1925.

29 Jan 2019

The case concerns a testamentary suit filed by Sulochana Dinanath Tarkar (since deceased, represented by her sons Sunil and Harish) seeking Letters of...

High Court

Bombay High Court Dismisses Probate Petition for Will Dated 1988 Due to Suspicious Circumstances and Failure to Prove Genuine Execution. Court holds that propounder must dispel all suspicions surrounding the will, including unnatural disposition and lack of independent evidence.

10 Jun 2013

The case concerns a testamentary suit filed by Suresh Hemmady, the executor under the will of Mira R. Nadkarni, seeking probate of the will dated 15th...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Ownership and Possession Over Suit Property.

26 Sep 2024

The case involves two regular second appeals filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated ...

High Court

Bombay High Court Dismisses Petition Challenging Order Requiring Proof of Will Under Section 68 of Evidence Act. Admission of Contents in Plaint Does Not Dispense with Examination of Attesting Witnesses for Proving Execution of Will.

4 Jul 2013

The petitioner, original defendant No.1, challenged an order dated 12.9.2012 passed by the 6th Joint Civil Judge, Junior Division, Nashik, in a suit f...

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