Search Results for "Attesting witness"

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Search Results for "Attesting witness"

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High Court

Madras High Court Allows Revision Petition in Will Execution Case — Executing Court Cannot Reject Application at Numbering Stage Without Affording Opportunity to Examine Witnesses. The court held that the executing court should have permitted the petitioner to examine his sister, a disinherited legal heir, to prove the registered Will under Section 68 of the Indian Evidence Act read with Section 63 of the Indian Succession Act.

30 Jan 2026

The revision petitioner, Yogesh Parmar, challenged the order of the III Additional District and Sessions Judge, Dharapuram, dated 26.11.2025, which re...

Supreme Court

Supreme Court Sets Aside High Court Judgment in Will Execution Dispute for Lack of Reasoning and Non-Compliance with Order XLI Rule 31 CPC. The High Court failed to independently reappreciate evidence and provide a reasoned judgment while reversing the trial court's decree regarding the validity of a Will under Section 63 of the Indian Succession Act, 1925.

1 Jan 2026

The appeal arises from a dispute over the execution of the alleged last Will and testament of one Thankam, who died on 27th August 2011. Thankam was t...

Supreme Court

Supreme Court Allows Appeal in Land Mutation Dispute Based on Registered Sale Deed — U.P. Zamindari Abolition and Land Reforms Act, 1950. Registered sale deed dated 04.06.1957 held valid without formal proof under Section 57 of Indian Evidence Act, 1872, and consolidation authorities' findings on title set aside.

1 Jan 2026

The dispute originated from a registered sale deed dated 04.06.1957, through which the predecessors of the appellants purchased agricultural land meas...

Supreme Court

Interpretation of Section 63(c) of the Indian Succession Act, 1925 – Whether attestation requires explicit direction from the testator.

2 Jan 2025

Constitution of India, 1950 – Civil Procedure Code, 1908 – Indian Succession Act, 1925 – Interpretation of Statutes – Executio...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Partition and Separate Possession of Half Share in Joint Family Properties Dismissed as Appellant Failed to Prove Substantial Question of Law.

15 Jun 2023

The respondent-plaintiff filed a suit for partition and separate possession of her half share in the suit schedule properties against the appellant-de...

High Court

Bombay High Court Dismisses Probate Petition for Will Allegedly Executed by Father, Finding Suspicious Circumstances and Lack of Proof of Execution and Attestation. Will dated 21st November 1992 propounded by son fails as attesting witness not examined and execution not proved beyond reasonable doubt under Section 63 of Indian Succession Act, 1925.

8 Jul 2016

The plaintiff, Shirish Popatlal Shah, filed a petition for Letters of Administration with Will Annexed in respect of a Will dated 21st November 1992 a...

High Court

Bombay High Court Grants Probate of Will in Testamentary Suit — Execution and Attestation Proved Despite Suspicious Circumstances. Handwriting Expert and Attesting Witness Evidence Accepted to Establish Validity of Will Under Section 63 of Indian Succession Act, 1925.

7 Apr 2016

The suit was filed by Vibhushit Trivedi, the sole surviving executor, seeking probate of the last Will and testament of Chhotalal Karunashankar Trived...

High Court

Bombay High Court Allows Examination of Remaining Attesting Witness in Will Dispute — Trial Court's Rejection Set Aside. Court holds that permitting examination of available attesting witness facilitates effective adjudication of Will's validity and causes no prejudice to defendant.

7 Jul 2014

The petitioners (plaintiffs) filed an application (Exhibit 132) before the trial court seeking permission to examine Krishna Bhonde, who was an attest...

High Court

Bombay High Court Allows Appeal Setting Aside Probate Due to Suspicious Circumstances — Propounder Failed to Discharge Burden of Proof Under Section 63 of Indian Succession Act, 1925. The court found discrepancies in execution and the propounder's active role in making the will, which were not explained.

26 Jun 2013

The appeal arose from a judgment of a Learned Single Judge granting probate of an alleged will of Ramchandra Marutirao Sawant. The testator died on 1 ...

High Court

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.

7 Dec 2006

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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