Search Results for "Attesting Witness"

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"Supreme Court Upholds Validity of Disputed Will" "Suspicious circumstances dismissed; Will deemed genuine despite family objections."

1. Case Overview: Appellants: Thangam (widow) and Laila (daughter). Respondent: Navamani Ammal (beneficiary of the Will). Main Issue: The authent...

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High Court of Karnataka Allows Second Appeal in Property Dispute — Sale Deed Valid Despite Non-Examination of Attesting Witness. Execution of sale deed can be proved by other evidence under Section 68 of Indian Evidence Act, 1872 when attesting witness is dead.

The appellant-plaintiff, Sri Thammaiah, filed a suit for declaration of title and permanent injunction (later amended to possession) in respect of sui...

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Supreme Court Upholds High Court's Decree Granting Letters of Administration in Will Dispute. Will Proved in Accordance with Law, No Suspicious Circumstances Found Under Section 68 of Indian Evidence Act, 1872 and Section 63 of Indian Succession Act, 1925.

The case involves a dispute over the estate of E. Srinivasa Pillai, who died on 19th January 1978. The plaintiffs, C. Saradambal (widow of the testato...

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Bombay High Court Dismisses Petitioners' Challenge to Trial Court's Refusal to Send Documents for Handwriting Expert Opinion in Will Dispute. Court Holds That Section 73 of the Indian Evidence Act, 1872 Does Not Empower a Court to Compel a Witness to Give Sample Signatures for Comparison.

The case involves two writ petitions filed by the petitioners (defendants in a suit) challenging an order of the Trial Court dismissing their applicat...

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Bombay High Court Upholds Will in Testamentary Suit, Dismisses Caveat by Heirs. Court Declares Will Dated 3rd December 1988 as Valid Last Will and Testament of Deceased Hiroo @ Hiraji Laxman Jadhav, Orders Issuance of Letter of Administration.

The case pertains to a testamentary dispute concerning the Will of deceased Hiroo @ Hiraji Laxman Jadhav. The plaintiffs, Subhash Hirji Jadhav and his...

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Bombay High Court Grants Probate of Will Dated 1977 Despite Limitation and Forgery Challenges. Executor Succeeds in Proving Due Execution and Testamentary Capacity of Testator Who Died in 1979.

The plaintiff, Suresh Manilal Mehta, filed a petition for probate of a Will dated 16th March 1977 allegedly executed by Rameshchandra Jamnadas Dalal (...

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Bombay High Court Grants Probate of Will in Favor of Executor Despite Allegations of Suspicious Circumstances. Will executed by testatrix with firm signature and solicitor-drafted formality upheld as valid under Section 63 of Indian Succession Act, 1925.

The plaintiff, Chittaranjan N. Negandhi, sought probate of a Will dated 24th May 1973 left by his mother, Bhanumati Narottamdas Chapsi. Bhanumati died...

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Bombay High Court Grants Probate of Will in Testamentary Suit, Upholds Execution Despite Handwritten Additions and Suspicious Circumstances. Propounders Discharged Burden of Proof Under Section 63 of Indian Succession Act, 1925 by Examining Attesting Witness and Explaining Circumstances.

The plaintiffs, Kirit N. Damania and Shantaram V. Pikale, executors named in the Will of Shashikala Baburao Alandkar, sought probate of the Will dated...

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Bombay High Court Dismisses Notice of Motion to Set Aside Dismissal of Testamentary Suit — Remedy Lies in Appeal, Not Under Order 9 Rule 9 CPC. Suit Dismissed on Merits After Evidence Recorded, Not in Default.

The plaintiff, Arvind Nathubhai Dattani, filed a testamentary suit seeking probate of an alleged will. The plaintiff's evidence was recorded on 16 Apr...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...