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Zarina R. Irani and anr. Vs. Shapur Jawanmardi and ors.

Court : Mumbai

Subject : Family

Acts : Succession Act, 1925 - Sections 63

Reported in : 2004(4)ALLMR408; 2004(6)BomCR142; 2005(1)MhLj293

suffering from carcinoma prostate glands. The learned counsel referred to Sections 2, 59 and 63 of the Indian Succession Act, 1925 and Sections 45, 47, 67, 68 and 72 of the Evidence Act, 1872 and submitted that the propounder … believable. PW1 even denied that the deceased was suffering from carcinoma prostate glands. The learned counsel referred to Sections 2, 59 and 63 of the Indian Succession Act, 1925 and Sections 45, 47, 67, 68 and 72

Pushpa Devi Vs. Motl Lal and ors.

Court : Rajasthan

Subject : Family

Reported in : RLW2009(1)Raj322

and also about form and absence of essential ingredients in the application under Section 276 of the Indian Succession Act, 1925. It also seeks to raise issues relating to non-joinder of necessary parties in the application like daughter of … an earlier order dated 17.8.2006 also, while dealing with an application filed by the non-petitioner No. l under Section 45 of the Evidence Act for obtaining Expert's opinion for the Will executed in favour of the non-petitioner No.

R. Saraswathy Vs. P. Bhavathy Ammal and anr.

Court : Kerala

Subject : Property

Acts : Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 45, 68, 69, 70 and 71

Reported in : AIR1989Ker228

dismissed. Accordingly the same is dismissed. No costs. Property - legal position of will - Section 63 of Succession Act, 1925 and Sections 45, 68, 69, 70 and 71 of Evidence Act, 1872 - petitioner requested for appointment of

K.R. Rajalakshmi Devi (Deceased) by L.Rs Vs. K.R. Chandrasekhar

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 59, 61, 63 and 289; Evidence Act, 1872 - Sections 3, 67 and 68; Registration Act, 1908 - Sections 45 and 47; Constitution of India - Article 136

Reported in : 1998(3)KarLJ634

circumstance by placing satisfactory evidence on record. The Supreme Court in the said decision held as follows: '(B) Succession Act (1925), Section 61 -- Will --Genuineness -- Proof -- Failure of plaintiff to remove suspicious circumstances by placing satisfactory material … said person must be proved to be in his handwriting, and for proving such a handwriting under Sections 45 and 47 of the Act the opinions of experts and of persons acquainted with the handwriting of the

P. Mani Alias P. Balasubramaniam Vs. P. Viswanathan (Deceased) and ors ...

Court : Chennai

Subject : Family

Acts : Evidence Act, 1872 - Sections 5, 45, 47, 63, 67, 68, 73, 114 and 118; Indian Succession Act, 1925 - Sections 59, 63, 89 and 289; Hindu Succession Act - Sections 30; Code of Civil Procedure (CPC) - Sections 100; Hindu Law

Reported in : 2008(2)CTC831; (2008)4MLJ1199

opinion of experts and of individuals acquainted with the handwriting of the testatrix are quite relevant, as per Section 45 and 47 of the Evidence Act. Equally, Section 89 and Section 63 of the Indian Succession Act are … v. Subodh Kumar Banerjee (since deceased and after him his LRs) and Ors., wherein it is held as follows:Succession Act (1925), Sections 63 and 289 - Will - Mode of proof - Onus - Principles indicated - When court … [1962]3SCR195 Rani Purnima Debi and Anr. v. Kumar Khagendra Narayan Deb and Anr., it is observed as follows:Succession Act (1925), Section 63 Will - Execution - Genuineness - Testator not making proper provision for his wife and sister depending

Kewal Krishan Mayor Vs. Kailash Chand Mayor and ors.

Court : Delhi

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 45, 47, 59, 63, 67 and 68; Evidence Act

Reported in : 95(2002)DLT115

any other document except as to the special requirements of attestation prescribed by Section 63 of the Indian Succession Act, 1925. As in the case of other documents, so in the case of Wills, it would not be idle … said person must be proved to be in his handwriting, and for proving such a handwriting under sections 45 and 47 of the Act the opinions of experts and of persons acquainted with the handwriting of the

Sooni Rustam Mehta and ors. Vs. Appropriate Authority, Income-tax Depa ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 269UC, 269UD(1), 269UE, 269UE(1), 269UF, 269UG, 269UG(1), 269UG(2), 269UG(3), 269UH, 269UH(2) and 269UL(3)

Reported in : 1991(2)ALT560; (1991)98CTR(AP)84; [1991]190ITR290(AP)

same is clearly erroneous in law in view of the specific provisions of section 213 of the Indian Succession Act, 1925. The testatrix was a Parsi by religion. The will was not executed within the local limits of the … Indian Registration Act, 1908. Section 42 deals with deposit of wills; section 43 with the procedure of deposit Section 45 deals with proceedings on death of the testator. Section 45 states that if, on the death of testator

Jayanand Jayant Salgaonkar and Others Vs. Jayashree Jayant Salgaonkar ...

Court : Mumbai

Subject : Land Acquisition

otherwise, they submit, would be to put these corporate statutes in direct and irreconcilable conflict with the Indian Succession Act, 1925. For, Mr. Shah and Mr. Tamboly say, not only would succession by intestacy be defeated by a corporate … 29A of the SEBI (Mutual Fund) Regulations, 1996. Defendant No.6 makes a similar claim on the basis of Section 45-ZA of the Banking Regulation Act, 1949 in respect of a fixed deposit receipt for Rs.50 lakhs with

Smt. Giddamma and anr. Vs. Smt. Venkatamma, (Dead by Lrs) and ors.

Court : Karnataka

Subject : Family

Acts : Evidence Act, 1872 - Sections 45, 47, 67 68, 69, 70 and 71; Succession Act, 1925 - Sections 59 and 63

Reported in : ILR2009KAR992; 2009(4)KarLJ696

provisions. Ex.D1 being a will, it is necessary to also notice Sections 59 & 63 of the Indian Succession Act, 1925 ('Succession Act' for short). Section 59 provides that, every person of sound mind, not being a minor, may … said person must be proved to be in his handwriting and for proving such a handwriting, under Sections 45 & 47 of the Act, the opinions of experts and of persons acquainted with the handwriting of the

Khamarunnissa @ Khammar Bai and anr. Vs. Fazal HussaIn @ Afsar HussaIn ...

Court : Andhra Pradesh

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 320, 323 and 325; Code of Civil Procedure (CPC) , 1908 - Order 20, Rule 13; Evidence Act, 1872 - Sections 45, 47, 48 and 73; Mohammedan Law

Reported in : 1997(1)ALT152

the estate of the deceased which should be governed by Sections 320, 323 and 325 of the Indian Succession Act, 1925. Such a suit is maintainable as per the settled law (Article 39 and Chapter 5 of the Mulla's … hand-writting or the signature may also be proved by taking recourse to the expert evidence by virtue to Section 45 of the Evidence Act. The law is settled that the opinion of an expert under the provision tantamounts