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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 … the opinions of experts and of persons acquainted with the handwriting of the persons concerned are made relevant. Section 68 deals with the proof of execution of the document required by law to be attested and it provides

Sugumal Duraisingh Vs. Annamani Ammal

Court : Chennai

Subject : Family

Acts : Evidence Act, 1872 - Sections 68; Indian Succession Act, 1925 - Sections 32, 47 and 63; Indian Registration Act, 1908; ; Hindu Adoptions and Maintenance Act, 1956; Hindu Law

Reported in : (2009)8MLJ591

to look into Section 68 of the Indian Evidence Act, 1872 and also Section 63 of the Indian Succession Act, 1925. Section 68 of the Indian Evidence Act, 1872 reads as follows;Proof of execution of document required by law to be

Bharpur Singh and ors. Vs. Shamsher Singh

Court : Supreme Court of India

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68, 69, 70 and 90

Reported in : AIR2009SC1766; 2009(2)ALT33(SC); 2009(1)AWC873(SC); JT2009(1)SC590; 2009(1)SCALE481; (2009)3SCC687; 2009AIRSCW1338; 2009(1)LHSC577; 2009(3)KCCRSN84

must be proved having regard to the provisions contained in clause (c) of Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872, in terms whereof the propounder of a will must

Balathandayutham and anr. Vs. Ezhilarasan

Court : Supreme Court of India

Subject : Family

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

did not succeed in discharging its onus of removing the suspicious circumstances surrounding Will. Appeal dismissed.-- B. Indian Succession Act, 1925, Section 63 & - Evidence Act, 1872, Section 68 -Will -Suspicious Circumstances - Held, In a case where testator's

Bibo Devi and ors. Vs. Rattan Lal and ors.

Court : Delhi

Subject : Family

Acts : Evidence Act, 1872 - Sections 68 and 90; Succession Act, 1925 - Sections 63; ;Court Fees Act, 1870

Reported in : ILR1972Delhi699

from his own default or neglect, produce it in reasonable time. According to Section 63 of the Indian Succession Act, 1925 a will of this description could be executed only according to the following rules:(A)The testator shall sign or … witness be present at the same time, and no particular form of attestation shall be necessary.(5) According to Section 68 of the Indian Evidence Act any document required to be attested shall not be used as evidence until

Mallannagari Mallareddy and anr. Vs. Mallannagari Susheela and anr.

Court : Andhra Pradesh

Subject : Family

Acts : Indian Succession Act, 1925- Sections 2 and 63; Evidence Act, 1872 - Sections 68; Code of Civil Procedure (CPC) , 1908 - Sections 100, 100(4) and 100(5) - Order 20, Rule 2 - Order 41, Rule 30 - Order 41A, Rules 14 and 20; Hindu Law

Reported in : 2006(6)ALD485; 2006(6)ALT733

Will was not proved in accordance with Section 63 of the Indian Succession Act, 1925 read along with Section 68 of the Indian Evidence Act, 1872, it is contended that the plaintiffs are bound to fail. There cannot … accordance with law. The learned Counsel made elaborate submissions in relation to the relevant provisions of the Indian Succession Act, 1925 and the Indian Evidence Act, 1872 as well. The Counsel also had taken this Court through the contents

Bhagwan Kaur W/O Bachan Singh Vs. Kartar Kaur W/O Bachan Singh and ors ...

Court : Supreme Court of India

Subject : Family

Acts : Succession Act, 1925 - Section 63; Evidence Act, 1872 - Section 68

Reported in : (1994)5SCC135

as it has an admixture of law due to the specific requirements of Section 63 of the Indian Succession Act, 1925 towards due execution. A method is proceeded (sic provided) in which a will shall be duly executed. It … time, and no particular form of attestation shall be necessary. In the matter of proof of a will Section 68 of the Indian Evidence Act, 1872 enjoins that if a document is required by law to be attested,

Meenakshiammal (Dead) Through Lrs. and ors. Vs. Chandrasekaran and anr ...

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68

Reported in : AIR2005SC52; 2004(3)BLJR2289; JT2004(9)SC371; 2004(9)SCALE256; (2005)1SCC280

of a Will should additionally satisfy the requirement of Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872. If after considering the matters before it, that is, the facts and … will (Ex.B/8), which was duly executed and attested in accordance with the provisions of section 63 of the Succession Act, 1925. 9. On the above pleadings, five issues were framed by the trial Court. We are mainly concerned with

Sri J.T. Surappa and anr. Vs. Sri Satchidhanandendra Saraswathi Swamij ...

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 2, 63 and 295; Evidence Act - Sections 68; Indian Registration Act, 1908; Transfer of Property Act - Sections 3; Code of Civil Procedure (CPC) , 1908

Reported in : ILR2008KAR2115; 2008(3)KLT150; 2008(3)KCCR1484; 2008(4)AIRKarR480; AIR2008NOC2433; 2008AIHC3029(Kar)

the Will has been executed in accordance with Section 63 of the Indian Succession Act, 1925, read with Section 68 of the Evidence Act?29. The word 'Will' has been defined under Section 2(h) of the Indian Succession Act, … the letters of administration sought for. Hence, I pass the following order:Suit is dismissed. No costs. (A) Indian Succession Act, 1925 - Section 2(h) - Will - Proof of - Legal requirements - Duty of the Court - Five steps to

Yumnam Ongbi Tampha and Ibemma Devi Vs. Yumnam Joykumar Singh and ors.

Court : Supreme Court of India

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68

Reported in : 2009(2)AWC1442(SC); JT2009(4)SC307; RLW2009(2)SC1052; 2009(3)SCALE571; (2009)4SCC780; 2009(2)LHSC1079

and the requirements of Section 63 of the Indian Succession Act, 1925 (in short the `Succession Act') and Section 68 of the Indian Evidence Act, 1872 (in short the `Evidence Act') were not kept in view. The High … be issued in favour of petitioner on her deposit of the requisite stamp as required by the Indian Succession Act, 1925, minus the plot of land given in Exts. B/1,B/2,B/3 and B/4. Case is accordingly disposed of. The primary … position, we find no merit in this appeal which is accordingly dismissed. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [Dr. Arijit Pasayat, V.S. Sirpurkar & Asok Kumar Ganguly, JJ] Execution of Will - Attesting witness No