August 2019

July 2019

Will—Life Estate—An absolute bequest in favour of a beneficiary cannot be treated to be a restricted life estate merely because testator had also regulated the bequest after the death of first beneficiary

By | July 5th, 2019|Will|

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Sucession Act, 1925, S.63 -Will–Suspicious Circumstances—First page of the Will did not bear the signatures of the testator or of the attesting witnesses- -Will discarded.   

By | July 1st, 2019|Will|

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Will—Proof of Execution—Attesting Witness did not state as to whether the other witness signed/thumb marked in the presence of the testator which is mandatory requirement of law—Will discarded

By | July 1st, 2019|Will|

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June 2019

Will—Proof of Relationship—Beneficiary of Will failed to prove their relationship with testator as claimed—Will discarded even though it was registered and supported by attesting witness

By | June 27th, 2019|Will|

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Will–Suspicious Circumstances- Once a Will is duly proved in terms of Sections 63 and 68 of Evidence Act it cannot be rejected on mere conjectures, presumptions or suspicious circumstances.

By | June 22nd, 2019|Will|

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Will—Suspicious Circumstances—Manual photograph instead of photo from web-camera-When the date of execution as well as registration of the Will happens to be identical and even the executants had specially gone to District Head Quarters for the same purpose on that very date, the omission by way of Web-Photographing of the executant and witnesses in the Sub-Registrar’s Office as in normal course, actually renders the said Will to be a very suspicious document-Will discarded.

By | June 19th, 2019|Will|

Comments Off on Will—Suspicious Circumstances—Manual photograph instead of photo from web-camera-When the date of execution as well as registration of the Will happens to be identical and even the executants had specially gone to District Head Quarters for the same purpose on that very date, the omission by way of Web-Photographing of the executant and witnesses in the Sub-Registrar’s Office as in normal course, actually renders the said Will to be a very suspicious document-Will discarded.

April 2019

March 2019

Will—Proof of Execution—One of the attesting witness, who had expired, his signatures were identified by his son—Provision of S.68 and S.69 of Evidence held to be complied with

By | March 30th, 2019|Will|

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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|

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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|

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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