Search Results for "attesting witness"

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Supreme Court

Supreme Court Allows Appeal in Will Dispute Case — High Court's Reversal of Trial Court's Preliminary Decree Set Aside. Registered Will Fails to Meet Attestation Requirements Under Section 63(c) of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872.

17 Dec 2019

The case concerns a dispute over a tenement originally allotted to Suhagwanti Devi, the wife of late Harbans Lal, under a redevelopment scheme. After ...

High Court

Bombay High Court Dismisses Probate Petition for Will Allegedly Obtained by Fraud and Undue Influence — Will Not Proved as Genuine Due to Suspicious Circumstances and Failure to Examine Attesting Witnesses.

15 Sep 2014

The case pertains to a petition for Letters of Administration with the Will of Mangesh Pandurang Rege dated 1st October 1971. The original petitioner,...

High Court

Bombay High Court Dismisses Probate Suit for Alleged Will of 1975 Due to Non-Prosecution and Failure to Prove Execution. The court held that the propounder must prove due execution and attestation under Section 63 of the Indian Succession Act, 1925, and failure to lead evidence results in dismissal.

10 Oct 2017

The suit was filed by the plaintiffs, who were great grandsons and other relatives of the deceased, seeking probate of an alleged Will dated 3rd Janua...

High Court

Bombay High Court Grants Probate of Will and Codicil in Favor of Executors Despite Caveat by Son — Execution and Attestation Proved Under Section 63 of Indian Succession Act, 1925. The court held that the Will and Codicil were duly executed and attested, and the caveator's allegations of undue influence and lack of testamentary capacity were not substantiated.

11 Jun 2014

The plaintiffs, being three of the executors named in the last Will and Testament dated 16th June, 1999 and a Codicil dated 23rd July, 2001 of Sorabji...

High Court

Bombay High Court Grants Probate to Executor in Will Dispute, Upholds Execution and Dismisses Caveat for Lack of Proof of Undue Influence. The court held that the propounder of the Will had discharged the burden of proving due execution and testamentary capacity, and the caveator failed to establish suspicious circumstances or undue influence.

16 Jan 2019

The plaintiff, The Maharashtra Executor And Trustees Co. Ltd., filed a testamentary petition seeking probate of the last Will and Testament dated 22nd...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Sets Aside Concurrent Findings of Courts Below. Held that the Trial Court and First Appellate Court erred in granting share to plaintiffs without proper proof of joint family status and without considering the effect of prior partition and ouster.

23 Mar 2023

The appellant, defendant No.2, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated...

Supreme Court

Supreme Court Restores Concurrent Findings of Fraud in Property Dispute Between Siblings — General Power of Attorney and Sale Deeds Set Aside as Void. The court held that the plaintiff had sufficiently proved fraud by preponderance of probabilities, and the High Court erred in reversing the concurrent findings without establishing perversity.

1 Jan 2020

The dispute arose between the plaintiff, Joginder Kaur (since deceased, represented by her daughter Nirmal Gill), and her step-brothers and step-siste...

Supreme Court

Supreme Court Allows Appeal in Will Dispute Case — High Court Erred in Interfering with Concurrent Findings of Fact. Will Execution Proved Under Section 63 of Indian Succession Act, 1925 and Section 65(c) of Indian Evidence Act, 1872.

27 Mar 2020

The case involves a dispute over the validity of a Will dated 30.04.1980 executed by Chandu Ram in favor of his grandsons (sons of defendant No.5 Soha...

High Court

Bombay High Court Dismisses Probate Petition in Will Dispute Due to Suspicious Circumstances and Failure to Prove Valid Execution. Will dated 17.12.1985 alleged to be executed by Joseph George Gomes was contested by caveators on grounds of undue influence and lack of testamentary capacity; court found that the propounder failed to dispel suspicious circumstances surrounding the will.

9 Nov 2006

The case concerns a testamentary petition filed by Nancy Joe Vaz (plaintiff) seeking letters of administration with the will annexed of her brother Jo...

High Court

Bombay High Court Upholds Will in Testamentary Suit, Finds No Forgery or Undue Influence. Sister Propounds Will of Deceased Brother; Wife's Challenge Fails as Execution and Attestation Proved Under Indian Succession Act, 1925.

11 Jun 2012

The judgment concerns two testamentary suits arising from the death of Mahendra Premchand Shah. The petitioner in Testamentary Suit No.127 of 2010, Ma...

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