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Dayanandi Vs. Rukma D Suvarna and ors.

Court : Supreme Court of India

Subject : Succession

Acts : Indian Succession Act, 1925 - Section 71, 63

Reported in : 2011(4)KLT112(C.No.125)(SN); 2012(1)CTC206; 2012(1)SCC510; 2012(1)ALT40; 2012(1)SCJ660; AIR2012SCW353

appended his thumb impression, referred to the evidence produced by the parties, noticed Section 71 of the Indian Succession Act, 1925 (for short, `the Act') and observed: A bare perusal of the original of Ext.P.1 discloses the first alteration is

Benga Behera and anr. Vs. Braja Kishore Nanda and ors.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Indian Succession Act, 1925 - Sections 63 and 278; Evidence Act, 1872 - Sections 63, 65, 68, 69, 70 and 71; Registration Act, 1908 - Sections 52 and 58; Transfer of Property Act - Sections 3

Reported in : 2007(5)ALD97(SC); 104(2007)CLT552(SC); (2007)5MLJ159(SC); 2007(7)SCALE228; (2007)9SCC728; 2007AIRSCW3741; AIR2007SC1975; 2007(7)SCALE228; 2007(4)KCCRSN283.

S.B. Sinha, J.1. Interpretation and application of Section 63 of the Indian Succession Act, 1925 as well as Section 68 of the Indian Evidence Act, 1872 vis--vis the requirements of proof of execution … the attesting witnesses were not willing to depose, it was not necessary to prove attestation in terms of Section 71 of the Indian Evidence Act. Summons were issued to the attesting witnesses by the Court. One of the

Arun Kumar Sharma Vs. Ashok Kumar Sharma and ors.

Court : Delhi

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 8 and 63; Evidence Act - Sections 68 and 71

Reported in : 2007(95)DRJ314

attesting witness. The Will did not fulfill the mandatory requirement of Sections 63 Clause (c) of the Indian Succession Act, 1925. The petition filed by the appellant was dismissed on 5.4.2005. Thereafter, the appellant/petitioner filed a review petition which … respondent that the evidence of other witnesses, namely, that of respondent and the scribe could be considered under Section 71 of the Evidence Act. Section 71 has no application when the one attesting witness, who alone has been

Pandraj Kunjilal Sadh (Deceased) and Rai Kumar Sadh Vs. Santosh Kumari ...

Court : Kolkata

Subject : Land Acquisition

been taken away is the jurisdiction of this Court to try and entertain the proceeding under the Indian Succession Act, 1925 and such jurisdiction has been conferred upon the City Civil Court at Calcutta. According to Mr. Deb, apart … “The Court” the words “The High Court” shall be substituted. (10) In the proviso to subsection (1) of section 71, for the words “High Court”, the words “City Civil Court” shall be substituted. (11) To Chapter VII under

Smt. Shanti Devi Vs. Yadvinder Thakur and anr.

Court : Punjab and Haryana

Subject : CivilFamily

Acts : Indian Succession Act, 1925 - Sections 278, 291 and 301; Trusts Act - Sections 71, 73 and 74; Code of Civil Procedure (CPC) , 1908 - Sections 2(4), 9, 92 and 151 - Order 1, Rule 10 - Order 22, Rule 4 and 4(4)

Reported in : (2006)143PLR799

of Seth Bhagirath Das, were also impleaded as respondents. In this petition filed under Section 278 of Indian Succession Act, 1925 (in short, 'the Act, 1925'), for the grant of letters of administration of the Will dated 21.1.1985, read … be executor and had become mere trustee, therefore, the suit for removal of the trustee was maintainable under Section 71 of the Trusts Act. In this reported case, not only the function of the executor was over, but

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 … no attesting witness is found. Section 70 provides for admission of execution by party to the attested document. Section 71 is in respect of a situation where the attesting witness denies or does not recollect the execution of

J. Naval Kishore Vs. D. Swarna Bhadran,

Court : Chennai

Subject : CivilFamily

Acts : Indian Succession Act, 1925 - Sections 63 and 295; Evidence Act - Sections 67, 68, 71 and 73; Code of Civil Procedure (CPC) - Order 41, Rule 27

Reported in : 2008(1)CTC97; (2007)5MLJ1417

that the Will in question was not only executed and attested in the manner required under the Indian Succession Act, 1925 but it should also be found that the said Will was the product of the free volition of … is required, the learned Senior Counsel Mr. Parthasarathy has submitted that when DW-1 Seshmul has denied the execution, Section 71 of Evidence Act comes into play. The learned Senior Counsel has submitted that the plaintiff has proved the

Robert D' Mello Vs. Henry D'Mello and Anr.

Court : Karnataka

Subject : Family

Acts : Indian Succession Act - Sections 299; Evidence Act, 1872 - Sections 68 and 71

Reported in : AIR2004Kant78; ILR2003KAR3153; 2003(5)KarLJ232

subject to the process of the Court and capable of giving evidence. Since by Section 63 of the Succession Act, 1925 a will has to be attested by two or more witnesses, Section 68 of the Evidence Act would … hostile.The party may then through the cross-examination elicit from him the proof of his case. In that situation Section 71 of the Evidence Act makes it clear that if the attestation witness repudiates his signature or that of

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 -- … 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 states that if

Joseph Vs. K.V. Ippunny and ors.

Court : Kerala

Subject : Family

Acts : Succession Act, 1925 - Sections 63, 63C and 70; Evidence Act, 1872 - Sections 68 and 71; Registration Act, 1908

Reported in : 2007(3)KLJ201

Will was validly executed, we may consider the judicial pronouncements in this matter.8. Section 63(c) of the Indian Succession Act, 1925 reads as follows:63. Execution of unprivileged Wills:xxx xxxx xxxxx(c) The Will shall be attested by two or more … witness is also to be scrutinised by the Court like deposition of any other witness. In this connection, Section 71 of the Indian Evidence Act, 1872 is also relevant which is as follows:71. Proof when attesting witness denies