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Parappa and ors. Vs. Bhimappa and anr.

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 63; Evidence Act - Sections 67 and 68 to 71; Registration Act, 1908; Code of Civil Procedure (CPC) , 1908 - Order 26, Rule 10(2)

Reported in : ILR2008KAR1840; 2008(3)KCCR1374; 2008(4)AIRKarR122; 2008(4)CivilLJ739; 2008(3)ICC786; 2008AIHC2777(Kar)

also be proved by circumstantial evidence -- The Judgment and decree of the Appellate Court is justified.(E) INDIAN SUCCESSION ACT 1925, - SECTION 63 -Execution of unprivileged Wills -- Clause (c) of Section 63 -Attestation under -- Proof of Will -- … the correctness of the report, the reasons given and their expertise in the field.(D) EVIDENCE ACT, 1872 - SECTION 67, 68 To 71 -- Proof of execution of a document -- HELD, Section 68 of the Evidence Act

Sh. Rama Kant Chaturvedi Vs. Sh. Mithlesh Chandra Chaturvedi

Court : Delhi

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 2, 59 and 63; Evidence Act, 1872 - Sections 67 and 68

Reported in : 94(2001)DLT511; 2001(60)DRJ321

argued that the defendant No.1 has discharged his onus of proving the Will. Section 2(h) of the Indian Succession Act, 1925 defines the Will which means legal declaration of the intention of a testator with respect to his property … the last Will by the testator has to be decided in the light of the provisions of Sections 67 and 68 of the Evidence act and Sections 59 and 63 of the Succession Act. In the present

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 … of documents contained in Sections 67 & 68 of the Indian Evidence Act, 1872 ('Act' for short). Under Section 67, if a document is alleged to be signed by any person, the signature of the said person must

Shirinbai Maneckshaw and ors. Vs. Nargacebai J. Motishaw and ors.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 67, 129 and 130

Reported in : AIR1956SC747; [1956]1SCR591

contention of the plaintiff was that the bequest to Shirinbai was void under section 67 of the Indian Succession Act. Certain other persons who also claimed to be the heirs of the testator were impleaded as pro forma … a single Judge that neither the rule in Shelley's case nor section 131 of the Law of Property Act, 1925, which abolished that rule, had any application to the bequest and that the widow was entitled to an

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 … to be proved, we must inevitable refer to the statutory provisions which govern the proof of documents. Sections 67 and 68, Evidence Act are relevant for this purpose. Under S. 67, if a document is alleged to

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

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 … the proof of documents. Sections 67 and 68 of the Evidence Act are relevant for this purpose. Under Section 67, if a document is alleged to be signed by any person, the signature of the said person must

Jose Vs. Ouseph

Court : Kerala

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 57 and 67

Reported in : AIR2007Ker77; 2006(4)KLT991

submitted that the plaintiff would have got an opportunity to rebut that presumption.7. Section 67 of the Indian Succession Act, 1925 deals with the effect of gift to attesting witness. This section is not applicable to Wills of Hindus

B. Venkatamuni Vs. C.J. Ayodhya Ram Singh and ors.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Code of Civil Procedure (CPC) - Sections 100; Evidence Act, 1872 - Sections 67 and 68; ;Indian Succession Act, 1925 - Sections 63 and 295

Reported in : AIR2007SC311; 2007(2)ALD35(SC); 2007(1)AWC596(SC); (SCSuppl)2007(1)CHN29; JT2006(9)SC415; 2006(11)SCALE148; 2006AIRSCW6115; 2007(2)CivilLJ204; 2007(1)AIRKarR572(SC); MANU/SC/4692/2006

O.P.No. 102 of 1970 be converted into a regular suit in terms of Section 295 of the Indian Succession Act, 1925. In the said suit, Appellant in his written statement, inter alia, contended that the Will in question was … proof of execution of the Will in terms of Section 63 of the Indian Succession Act and Sections 67 and 68 of the Indian Evidence Act would be a pre-requisite, but, to take the same in evidence

Sudhir Kumar Sen and anr. Vs. Bijoy Kumar Sen and ors.

Court : Kolkata

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 67, 68 and 69; ;Indian Succession Act, 1925 - Section 63

must be honoured.3. The procedure for execution of a Will is prescribed under Section 63 of the Indian Succession Act, 1925. Under the said provision any person can execute his Will by affixing his mark or signature to the … Evidence Act, 1872 execution of a document is required to be proved through the procedure laid down in Section 67, 68 and 69 of the said Act of 1872. Section 67 inter alia provides that if a document

Jangir Singh and ors. Vs. Gurdev Singh and ors.

Court : Punjab and Haryana

Subject : CivilFamily

Acts : Code of Civil Procedure (CPC), 1908 - Sections 100; Registration Act, 1908 - Sections 60; Indian Succession Act, 1925 - Sections 73; Evidence Act - Sections 63, 67 and 68

Reported in : (2004)137PLR479

prove that will was not only executed and attested in the manner it is required under the Indian Succession Act, 1925 (for short 'the Succession Act') but it should also be shown that the Will was the result of … Act as incorporated in Section 63 of the Act read with Sections 67 and 68 of the Evidence Act. In other words, the testator should … M.M. Kumar, J.1. (9th March, 2004) - This is defendant's appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity the Code) challenging the judgment and decree passed