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Jaldu Anantha Raghurama Arya Vs. Jaldu Bapanna Rao and ors.
Andhra Pradesh
Aug-08-1958
PropertyCivil
Succession Act, 1925 - Sections 69, 82, 92, 311 and 349; Partnership Act, 1932 - Sections 4; Code of Civil Procedure (CPC) , 1908 - Sections 11 - Order 6, Rule 17
AIR1959AP448
defendant'sAdvocate Rs. 250/-. (i) Property - will - Explanation to Section 69, 82, 92, 311 and 349 of Succession Act, 1925 - businessman died leaving behind large assets - expressed desire in will to bequeath his properties to relatives
Tag this Judgment! AI Brief & AskBharpur Singh and ors. Vs. Shamsher Singh
Supreme Court of India
Dec-12-2008
Family
Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68, 69, 70 and 90
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 … Act, 1872. In the event the provisions thereof cannot be complied with, the other provisions contained therein, namely, Section 69 and 70 of the Evidence Act providing for exceptions in relation thereto would be attracted. Compliance with statutory
Tag this Judgment! AI Brief & AskSmt. Giddamma and anr. Vs. Smt. Venkatamma, (Dead by Lrs) and ors.
Karnataka
Feb-16-2009
Family
Evidence Act, 1872 - Sections 45, 47, 67 68, 69, 70 and 71; Succession Act, 1925 - Sections 59 and 63
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 … relaxed manner by having recourse to the exceptions provided under Sections 69, 70 & 71 of the Act. Section 69 provides for proof of a document where no attesting witness is found. Section 70 provides for admission of
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Kalyan Kumar Nag Vs. Dina Guha
Mumbai
Jul-13-1973
Family
(1974)76BOMLR815
estate of the deceased as on intestacy. She contends that by virtue of Section 69 of the Indian Succession Act, 1925 and Section 21 of the Special Marriage Act, 1954 on the marriage of the deceased to her the
Tag this Judgment! AI Brief & AskKamalambal and ors. Vs. Bala and ors.
Chennai
Jun-29-2012
Family
Indian Succession Act 1925 - Section 63; Indian Evidence Act - Section 68, 69; Code of Civil Procedure,(CPC) 1908 - Order 16 Rule 10, Section 100
to proof of Wills under Section 68 of the Evidence Act read with Section 63 of the Indian Succession Act, 1925, while considering the proof of the registered Will Ex.B1 by this defendants 2 and 3.3. Whether the courts … learned Senior counsel appearing for the appellants submitted that the courts below without properly appreciating the provision of section 69 of the Evidence Act, erroneously held that the Will was not proved, without appreciating that one of the
Tag this Judgment! AI Brief & AskJanaki Devi Vs. R. Vasanthi and ors.
Chennai
Dec-09-2004
FamilyCivil
Indian Succession Act, 1925 - Sections 63 and 68; Evidence Act, 1872 - Sections 68, 69 and 71; Madras High Court Original Side Rules - Order 25, Rule 9; Registration Act, 1908 - Sections 52, 58, 59 and 60
2005(1)CTC11; (2005)1MLJ357
availability of the attesting witness, how the same has to be proved, by adopting other methods.16. The Indian Succession Act, 1925, regulates how a Will should be executed, in order to have its enforciablity. A Will is said to … Act is an exception to the general rule contained in Section 68 of the Indian Evidence Act. Under Section 69 of the Indian Evidence Act, if no attesting witness is found, it can be proved by other evidence
Tag this Judgment! AI Brief & AskBabu Singh and ors. Vs. Ram Sahai @ Ram Singh
Punjab and Haryana
Nov-11-2005
Family
Evidence Act, 1872 - Sections 68 and 69; Indian Succession Act, 1925 - Sections 63; Code of Civil Procedure (CPC) , 1908 - Sections 100
(2006)142PLR592
of Will in accordance with Section 68 of the Evidence Act read with Section 63(c) of the Indian Succession Act, 1925, the Will cannot be considered to be proved. According to the learned Counsel, a scribe cannot be considered … learned lower Appellate Court holding that in the absence of attesting witnesses the Will could be proved under Section 69 of the Evidence Act, 1872 (for brevity, the Act') and the statement made by the scribe Krishan Chand
Tag this Judgment! AI Brief & AskR. Vasanthi Vs. Janaki Devi and Others
Chennai
Apr-28-1999
Family
Succession Act, 1925 -- Sections 63, 69 and 74; Evidence Act, 1872 -- Sections 47, 59, 67, 68 and 69; India Succession Act, 1925 -- Sections 59 and 63
1999(3)CTC378
on executing a bond for sum of Rs.5,000. Family - will - Sections 63, 69 and 74 of Succession Act, 1925, Section 47, 59, 67, 68 and 69 of Evidence Act, 1872 and Sections 59 and 63 of Indian Succession
Tag this Judgment! AI Brief & AskPadmini. Vs. Easwari and ors.
Chennai
Jul-30-2012
Family
Hindu Succession Act, 1956 - Section 15, 15(2)(1)(a); Indian Succession Act, 1925 - Section 63; Indian Evidence Act, 1872 - Section 68, 69
the Will (i.e) the defendants to prove the above said Will as per Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872. If the primary evidence is not available, then he … 1872. If the primary evidence is not available, then he has to prove by leading secondary evidence under Section 69 of the Indian Evidence Act and remove all suspicious circumstances.26. The learned counsel for the respondents/defendants would contend
Tag this Judgment! AI Brief & AskChandramohan Vs. Shanmugavalli
Chennai
Feb-15-2012
Criminal
Indian Evidence Act - Section 63, 68, 69, 70, 65(c), 90; Indian Succession Act, 1925 - Section 59, 63(c); Registration Act 1908 - Section 52, 60
statutory requirements of proving the Will. A Will must be proved in terms of Section 63(c) of the Succession Act, 1925 and Section 68 of the Evidence Act, 1872. In the event the provisions thereof cannot be complied with, … Ammapillai @ Chinnamadiammal and the items 7 to 17 belonged to Chellammal. Item (7) to an extent of 69 , cents and item (8) were sold by Chellammal and hence, not available. Item (6) of the property
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