January 2019

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.

November 2016

October 2016