Search Results for "Attesting witness"

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Search Results for "Attesting witness"

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Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Sale Deed Validity — Restores Trial Court Decree Based on Benami Transaction and Adverse Possession Findings. The Court held that the sale deed executed by defendant no. 3 in favour of defendant no. 1 was benami and void under Section 4(1) of the Benami Transactions (Prohibition) Act, 1988, and that the defendants failed to prove adverse possession.

1 Jan 2026

The present appeal arises from a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) concerning 13...

High Court

High Court Quashes Criminal Proceedings Against Accused No.2 in Cheating and Forgery Case Due to Lack of Specific Allegations. Petitioner's Liability Under Sections 420, 465, 467, 468, 471, 474 IPC Read with Section 34 IPC Not Established as Complaint Failed to Attribute Any Overt Act or Criminal Intent.

14 Sep 2023

The petitioner, Rajesh Yallappa Totaganti, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing...

High Court

Bombay High Court Grants Letters of Administration with Will Annexed in Testamentary Suit — Will Proved to be Duly Executed and Attested. Court holds that the propounder of the Will has discharged the burden of proving due execution and attestation under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872.

5 Mar 2019

The plaintiff, Mahendra Gajanan Karve, filed a Testamentary Petition No. 514 of 2004 seeking Letters of Administration with the Will annexed in respec...

High Court

Bombay High Court Dismisses Appeal Against Probate of Will, Upholds Trial Court's Finding of Due Execution and Attestation. Will dated 4 July 1993 held validly executed under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872.

22 Oct 2018

The appeal arose from a judgment and order dated 9 June 2016 of the Bombay High Court disposing of Testamentary Suit No. 28 of 1995, which sought prob...

High Court

Bombay High Court Grants Probate of Will in Favor of Grandson Despite Forgery Allegations by Son. Court Holds That Propounder Proved Due Execution and Attestation Under Section 63 of Indian Succession Act, 1925, and Caveator Failed to Prove Forgery.

16 Sep 2014

The plaintiff, Hoshang Pesi Hodiwala, the grandson of the deceased B.M. Bhathena, filed a testamentary suit seeking probate of a will dated 27th Novem...

High Court

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.

18 Oct 2013

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...

High Court

Bombay High Court Allows Beneficiaries to Examine Attesting Witness in Will Probate Case Despite Earlier Statement Not to Lead Evidence. Court Holds That Right to Cross-Examine Own Witness Under Section 154 of Indian Evidence Act, 1872 Arises Only After Examination-in-Chief, and That Court Has Inherent Power to Permit Examination of Material Witness to Prevent Failure of Justice.

18 Oct 2013

The case arises from a testamentary suit for probate of a Will dated 9th August 1995. The plaintiffs, appointed as executors, filed a petition for pro...

High Court

Bombay High Court Dismisses Caveat in Probate Case Due to Lack of Caveatable Interest. Attesting Witness's Son Cannot Challenge Will When Father Had Attested It Voluntarily.

16 Jul 2013

The case involves a probate petition filed by the executors of the last Will and testament of Khimjee Thakkar, a bachelor. The Will was attested by Ba...

High Court

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.

17 Jul 2006

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

Supreme Court

Supreme Court Upholds Will in Favor of Sister, Dismisses Challenge by Wife and Sons — Execution of Will Proved in Accordance with Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872. The Court held that the propounder of the Will had discharged the burden of proving its valid execution, and the concurrent findings of the courts below were not perverse.

30 Nov -0001

The present appeal arises from a challenge to the judgment of the High Court of Karnataka dismissing the appellants' Regular Second Appeal No. 1970 of...

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