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Aug 08 1958

Jaldu Anantha Raghurama Arya Vs. Jaldu Bapanna Rao and ors.

Court : Andhra Pradesh

Decided on : Aug-08-1958

Subject : PropertyCivil

Acts : 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

Reported in : 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

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Dec 12 2008

Bharpur Singh and ors. Vs. Shamsher Singh

Court : Supreme Court of India

Decided on : Dec-12-2008

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 … 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

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Feb 16 2009

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

Court : Karnataka

Decided on : Feb-16-2009

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 … 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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Jul 13 1973

Kalyan Kumar Nag Vs. Dina Guha

Court : Mumbai

Decided on : Jul-13-1973

Subject : Family

Reported in : (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

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Jun 29 2012

Kamalambal and ors. Vs. Bala and ors.

Court : Chennai

Decided on : Jun-29-2012

Subject : Family

Acts : 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

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Dec 09 2004

Janaki Devi Vs. R. Vasanthi and ors.

Court : Chennai

Decided on : Dec-09-2004

Subject : FamilyCivil

Acts : 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

Reported in : 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

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Nov 11 2005

Babu Singh and ors. Vs. Ram Sahai @ Ram Singh

Court : Punjab and Haryana

Decided on : Nov-11-2005

Subject : Family

Acts : Evidence Act, 1872 - Sections 68 and 69; Indian Succession Act, 1925 - Sections 63; Code of Civil Procedure (CPC) , 1908 - Sections 100

Reported in : (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

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Apr 28 1999

R. Vasanthi Vs. Janaki Devi and Others

Court : Chennai

Decided on : Apr-28-1999

Subject : Family

Acts : 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

Reported in : 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

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Jul 30 2012

Padmini. Vs. Easwari and ors.

Court : Chennai

Decided on : Jul-30-2012

Subject : Family

Acts : 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

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Feb 15 2012

Chandramohan Vs. Shanmugavalli

Court : Chennai

Decided on : Feb-15-2012

Subject : Criminal

Acts : 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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