Search Results for "Proof of Will"

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Search Results for "Proof of Will"

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High Court

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.

17 Jul 2026

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...

High Court

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.

13 Feb 2025

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...

High Court

Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. The court held that no substantial question of law arose for consideration as the findings of fact by the lower appellate court were based on appreciation of evidence and not perverse.

5 Mar 2024

The present second appeal arises from a suit for declaration and injunction filed by the appellants (original plaintiffs) claiming ownership and exclu...

High Court

Bombay High Court Allows Second Appeal in Will Dispute, Restores Trial Court Decree. Lower Appellate Court Erred in Rejecting Will Without Proper Application of Section 63 of Indian Succession Act and Section 68 of Indian Evidence Act.

13 Apr 2022

The case involves a second appeal by the original plaintiff, Eknath Genu Pawar (since deceased, represented by his legal heirs), against the judgment ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Heirship Certificate Application Under Bombay Regulation VIII of 1827 — Will Not Proved in Accordance with Law. The Court upheld the trial court's order rejecting the application for heirship certificate as the Will relied upon was not proved as required by law.

30 Jun 2017

The applicants, Baban Ramchandra Shukla, Nalini Vinayakrao Joshi, and Malti Jagannathrao Tembhurne, filed a Civil Revision Application before the Bomb...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Declaration and Possession Suit — Concurrent Findings of Fact Not Interfered With. Will Alleged to be Forged by Defendant Not Proven; Plaintiffs Established Title as Class II Heirs of Deceased Owner.

31 Aug 2015

The case involves a second appeal filed by the defendant, Subhas Marutirao Yadav, against the concurrent judgments of the trial court and the first ap...

High Court

High Court of Karnataka Allows Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Courts Below Reversed on Ground of Non-Examination of Attesting Witness to Will. The first appellate court's reversal of the trial court's decree was set aside as it failed to consider the mandatory requirement of examining an attesting witness to prove the Will under Section 68 of the Indian Evidence Act, 1872 read with Section 63 of the Indian Succession Act, 1925.

1 Oct 2013

The appellant, H.M. Rudraradhya, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and de...

High Court

Bombay High Court Allows Second Appeal in Will Dispute, Upholds Trial Court's Decree of Possession. Lower Appellate Court Erred in Rejecting Will on Grounds of Suspicious Circumstances Without Proper Scrutiny of Evidence Under Section 63 of Indian Succession Act, 1925.

4 Aug 2010

The case involves a second appeal by the original plaintiffs, Purushottam Haribhau Pijgade and Gopal Laxmanrao Pajgade, against the judgment and order...

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