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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 … death took place, is true, the same, in our opinion, would be of not much significance.The provisions of Section 90 of the Indian Evidence Act keeping in view the nature of proof required for proving a Will have

Sridevi Amma and ors. Vs. Venkitaparasurama Ayyan and ors.

Court : Kerala

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 70, 90 and 124; Cochin Law

Reported in : AIR1960Ker1

provision corresponding to Section 24 of the English Wills Act 1837 or to S. 90 of the Indian Succession Act, 1925. The provision under the common law of England before the Statute of 1837 was that a testamentary disposition

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 … not state that he signed the document on being asked to sign by Joti Parshad.(16) The presumption under Section 90 of the Indian Evidence Act cannot be invoked in respect of the entry in the deed-writer's register. Despite

Tella Koteswara Rao and ors. Vs. Land Acquisition Officer and Special ...

Court : Andhra Pradesh

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 4(1), 30, 31 and 54; Indian Succession Act, 1925 - Sections 90, 152, 163, 214, 214(1) and 214(2); Uttar Pradesh Consolidation of Holdings Act; Claims Act, 1950; Displaced Persons (Compensation and Rehabilitation) Act; Arbitration Act - Sections 14 and 17; Hindu Law

Reported in : 2010(1)ALT600

subsequently revoked has not been established. The legacy will not be adeemed under Section 152 of the Indian Succession Act, 1925 (for short 'Succession Act'), since the property was substituted by converting into money component by operation of law … it is useful to refer the statutory provisions of Sections 90, 152, 163 and 214 of Succession Act.12. Section 90 of the Succession Act reads thus:90. Words describing subject refer to property answering description at testator's death--The description

Mrs. Madhu Kohli and anr. Vs. Mr. Suresh Khattar and anr.

Court : Delhi

Subject : FamilyProperty

Acts : Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 18 and 169; Indian Succession Act, 1925 - Sections 90

Reported in : 128(2006)DLT117; 2006(87)DRJ343

would include bhumidhari right. It has also been brought to our notice that Section 90 of the Indian Succession Act, 1925 should also be adopted in considering the Act. The contention on behalf of the appellants is that though

M.B. Ramesh (D) by Lrs. Vs. K.M. Veeraje Urs (D) by Lrs. and Others

Court : Supreme Court of India

Subject : Land Acquisition

had also signed the will in her presence. Thus, the requirement of Section 63 (c) of the Indian Succession Act, 1925 (‘Succession Act’ for short) was not fulfilled viz. that two or more witnesses have to see the testator … by the plaintiffs that the will was a document which was more than 30 years old, and under Section 90 of Evidence Act, the Court is expected to presume that the signature in every part of the document

M.B. Ramesh (D) by Lrs. Vs. K.M. Veeraje Urs (D) by Lrs. and ors.

Court : Supreme Court of India

Subject : Land Acquisition

had also signed the will in her presence. Thus, the requirement of Section 63 (c) of the Indian Succession Act, 1925 (‘Succession Act’ for short) was not fulfilled viz. that two or more witnesses have to see the testator … by the plaintiffs that the will was a document which was more than 30 years old, and under Section 90 of Evidence Act, the Court is expected to presume that the signature in every part of the document

M. Narayanamma Vs. Lakshmidevi and Others

Court : Karnataka

Subject : Land Acquisition

the subject. The relevant provisions of law are extracted hereunder for ready reference. Section 63(c) of the Indian Succession Act, 1925 “63(c). The Will shall be attested by two or more witnesses, each of whom has seen the testator … appreciate that in the face of Section 68 of the Evidence Act, 1872 and with respect to wills, Section 90 of the Act cannot be invoked. That the trial court was not justified in drawing an adverse inference

Ahronee Shemail Vs. Sheikh Ahmed Omer

Court : Mumbai

Subject : Family

Reported in : (1931)33BOMLR1056

considered to indicate the testamentary intention of the deceased. According to Section 2, Clause (A), of the Indian Succession Act, 1925, 'will means the legal declaration of the intention of a testator with respect to his property which he … the property of the testator vests in the executor and can be sold and conveyed by him under Section 90 of the Act, corresponding to Section 307 of the Indian Succession Act.20. We think, therefore, that the mortgage

Rakesh Arora Vs. S.D. Technical Service (P) Ltd. and ors.

Court : Delhi

Subject : FamilyProperty

Acts : Succession Act, 1925

Reported in : 61(1996)DLT852

.is a whole should be read for ascertaining the intention of the testator. The provisions in the Indian Succession Act, 1925 would give us clear guidelines for the interpretation of a Will. In Chapter Vi in the Indian Succession … take effect to the full extent, but effect is to be given to it as far as possible.(19) Section 90 gives us the rule as to the date on which the properties to be ascertained. Section 90 reads