March 2019

Will—Attesting Witness—Merely because one of the attesting witnesses was a beneficiary under the Will cannot be considered as suspicious circumstance

By | March 18th, 2019|Will|

Comments Off on Will—Attesting Witness—Merely because one of the attesting witnesses was a beneficiary under the Will cannot be considered as suspicious circumstance

Primary Evidence—If the two original copies of the contract are prepared and signed by the parties, each copy would be primary evidence. Will—Suspicious Circumstances—Court is required to see whether the foundation of the suspicious circumstances has been laid in the pleading followed by evidence and the suit alleges suspicious circumstances are substantive and not based upon conjectures and surmises

By | March 15th, 2019|Will|

Comments Off on Primary Evidence—If the two original copies of the contract are prepared and signed by the parties, each copy would be primary evidence. Will—Suspicious Circumstances—Court is required to see whether the foundation of the suspicious circumstances has been laid in the pleading followed by evidence and the suit alleges suspicious circumstances are substantive and not based upon conjectures and surmises

DNA Test—Will—Suspicious Circumstances—No harm and prejudice would be caused in case the DNA test of beneficiary/claimant is permitted to be conducted

By | March 9th, 2019|Will|

Comments Off on DNA Test—Will—Suspicious Circumstances—No harm and prejudice would be caused in case the DNA test of beneficiary/claimant is permitted to be conducted

Succession Act, 1963, S.63–Will–Proof of Execution-Even if both the attesting witnesses have not been examined or not available, examination of the concerned officials of the Registrar, is the sufficient requirement of law

By | March 9th, 2019|Will|

Comments Off on Succession Act, 1963, S.63–Will–Proof of Execution-Even if both the attesting witnesses have not been examined or not available, examination of the concerned officials of the Registrar, is the sufficient requirement of law

February 2019

Will–Proof of relation-Plaintiff claimed that executor of Will was sister of their father and Will was executed for services rendered to her—Plaintiff failed to prove the said relationship and onus was upon plaintiff to establish the relationship by direct and cogent evidence in terms of S.50 of Evidence Act-Will held to be rightly discarded-

By | February 28th, 2019|Will|

Comments Off on Will–Proof of relation-Plaintiff claimed that executor of Will was sister of their father and Will was executed for services rendered to her—Plaintiff failed to prove the said relationship and onus was upon plaintiff to establish the relationship by direct and cogent evidence in terms of S.50 of Evidence Act-Will held to be rightly discarded-

Will—Execution of—Will bears the thumb impression of the deceased without even mentioning whether it is the right or left thumb impression—Will discarded

By | February 23rd, 2019|Will|

Comments Off on Will—Execution of—Will bears the thumb impression of the deceased without even mentioning whether it is the right or left thumb impression—Will discarded

January 2019

Will—Death of beneficiary—On the death of legatee (beneficiary) under a Will before the death of the testator, the bequest would lapse, unless from reading the testament contradictory intention is provided for Will—Proof of Execution—A registered testament thumb marked by the testator and the attesting witnesses in absence of attesting witnesses can be proved

By | January 27th, 2019|Will|

Comments Off on Will—Death of beneficiary—On the death of legatee (beneficiary) under a Will before the death of the testator, the bequest would lapse, unless from reading the testament contradictory intention is provided for Will—Proof of Execution—A registered testament thumb marked by the testator and the attesting witnesses in absence of attesting witnesses can be proved

Succession Act, 1963, S.63~Will~Attesting Witness-Attesting Witnesses are required to put their signatures on the Will only after the executants of the will had affixed his signatures on the same–In present case, admittedly executant had put his thumb impression after the signatures were put by attesting witnesses—Will held to be not duly executed-Will discarded

By | January 1st, 2019|Will|

Comments Off on Succession Act, 1963, S.63~Will~Attesting Witness-Attesting Witnesses are required to put their signatures on the Will only after the executants of the will had affixed his signatures on the same–In present case, admittedly executant had put his thumb impression after the signatures were put by attesting witnesses—Will held to be not duly executed-Will discarded

November 2018

Succession Act, 1963, S.68 & S.69–Will–Proof of Execution-None of the attesting witness of Will was examined to prove the Will—Even no evidence has been led to prove signature of the testator of will-Will held to be rightly discarded.    

By | November 28th, 2018|Will|

Comments Off on Succession Act, 1963, S.68 & S.69–Will–Proof of Execution-None of the attesting witness of Will was examined to prove the Will—Even no evidence has been led to prove signature of the testator of will-Will held to be rightly discarded.    

Succession Act, 1963, S.63–Will–Exclusion of Son—If the testator had any grievance to express qua behaviour of his son and that is why she wanted to exclude him from inheritance, nothing strange/abnormal can be found in her getting recorded that she did not want to give anything more to his son-Will held to be genuine.  

By | November 23rd, 2018|Will|

Comments Off on Succession Act, 1963, S.63–Will–Exclusion of Son—If the testator had any grievance to express qua behaviour of his son and that is why she wanted to exclude him from inheritance, nothing strange/abnormal can be found in her getting recorded that she did not want to give anything more to his son-Will held to be genuine.  

May 2018

November 2017

Will—Admission—If Will is admitted by opposite side then party can be dispensed with proving of the will—It is settled law that admitted thing need not proved

By | November 25th, 2017|Will|

Comments Off on Will—Admission—If Will is admitted by opposite side then party can be dispensed with proving of the will—It is settled law that admitted thing need not proved

Evidence Act, 1872, S.68–Will–Attesting Witness-In the absence of the availability of the attesting witnesses, the examination of the Sub Registrar with regard to the registered will is sufficient requirement of law

By | November 3rd, 2017|Will|

Comments Off on Evidence Act, 1872, S.68–Will–Attesting Witness-In the absence of the availability of the attesting witnesses, the examination of the Sub Registrar with regard to the registered will is sufficient requirement of law

Will—Suspicious Circumstance—Testator was blind—It was not practically possible for a blind person to reach scribe of will all alone— Will discarded. Adverse Possession—There cannot be any adverse possession by one co-owner against another co-owner.

By | November 1st, 2017|Will|

Comments Off on Will—Suspicious Circumstance—Testator was blind—It was not practically possible for a blind person to reach scribe of will all alone— Will discarded. Adverse Possession—There cannot be any adverse possession by one co-owner against another co-owner.

September 2017

August 2017

June 2017

December 2016

Will—Execution of—Mere production of the indexes of the register of the Sub Registrar will not prove the execution of the will.Adverse Possession—Mere possession for howsoever length of time does not result in converting the permissive possession into adverse possession or abandonment of title.

By | December 23rd, 2016|Limitation Act, Specific Relief Act, Will|

Comments Off on Will—Execution of—Mere production of the indexes of the register of the Sub Registrar will not prove the execution of the will.Adverse Possession—Mere possession for howsoever length of time does not result in converting the permissive possession into adverse possession or abandonment of title.