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Kasinath Patel Vs. Radha Bai and ors.
Andhra Pradesh
Apr-20-2005
Civil
Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68
2005(4)ALD859; 2005(4)ALT740
original owner of the suit land. He died issueless. According to him, under the provisions of the Indian Succession Act, 1925 if a Hindu husband dies issueless, his wife alone succeeds to his estate. As defendant No. 1's husband … Will Ex.B9 as attesting witnesses, only one attesting witness has been examined, and as per the provisions of Section 63(c) of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872 at least
Tag this Judgment! AI Brief & AskDaljit Singh and ors. Vs. Sukhwinder Singh and ors.
Punjab and Haryana
Jul-28-2005
Family
Evidence Act, 1872 - Sections 68; Succession Act, 1925 - Sections 63; Code of Civil Procedure (CPC) , 1908 - Sections 100
AIR2006P& H39; (2006)142PLR146
of Section 68 of the Indian Evidence Act, 1872 (for brevity, '1872 Act') and Section 63(c) of the Succession Act, 1925 (for brevity, '1925 Act'). The Supreme Court in the case or Janki Narayan Bhoir v. Narayan Namdeo Kadam,1 … considered Section 68 of 1872 Act and Section 63(c) of 1925 Act. The combined reading of both the sections and their interpretation is available in para 10 of the judgment which reads as under:.On a combined reading
Tag this Judgment! AI Brief & AskYumnam Ongbi Tampha and Ibemma Devi Vs. Yumnam Joykumar Singh and ors.
Supreme Court of India
Mar-06-2009
Family
Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68
2009(2)AWC1442(SC); JT2009(4)SC307; RLW2009(2)SC1052; 2009(3)SCALE571; (2009)4SCC780; 2009(2)LHSC1079
High Court was that no issue was framed regarding the genuineness of the Will, and the requirements of Section 63 of the Indian Succession Act, 1925 (in short the `Succession Act') and Section 68 of the Indian … 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
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B. Venkatamuni Vs. C.J. Ayodhya Ram Singh and ors.
Supreme Court of India
Oct-19-2006
FamilyProperty
Code of Civil Procedure (CPC) - Sections 100; Evidence Act, 1872 - Sections 67 and 68; ;Indian Succession Act, 1925 - Sections 63 and 295
AIR2007SC311; 2007(2)ALD35(SC); 2007(1)AWC596(SC); (SCSuppl)2007(1)CHN29; JT2006(9)SC415; 2006(11)SCALE148; 2006AIRSCW6115; 2007(2)CivilLJ204; 2007(1)AIRKarR572(SC); MANU/SC/4692/2006
O.P.No. 102 of 1970 be converted into a regular suit in terms of Section 295 of the Indian Succession Act, 1925. In the said suit, Appellant in his written statement, inter alia, contended that the Will in question was … that proof of execution of the Will in terms of Section 63 of the Indian Succession Act and Sections 67 and 68 of the Indian Evidence Act would be a pre-requisite, but, to take the same in
Tag this Judgment! AI Brief & AskBenga Behera and anr. Vs. Braja Kishore Nanda and ors.
Supreme Court of India
May-15-2007
PropertyCivil
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
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 … one of the exceptions where it is not possible to strictly comply with the requirements of Section 68. Sections 69, 70 and Section 71 are exceptions to Section 68. Section 69 provides for proof of a document
Tag this Judgment! AI Brief & AskAmalorpava Mary and A. Arputha Josephine Vs. Kulandai Ammal,
Chennai
Feb-06-2004
Family
Indian Succession Act, 1925 - Sections 63, 278, 287 and 384
AIR2004Mad291; 2004(2)CTC502; (2004)1MLJ634
with the Will dated 29-1-69. Civil Misc., Appeal is allowed. No costs. Family - letter of administration - Sections 63, 278, 287 and 384 of Indian Succession Act, 1925 - petition filed for grant of letter of administration … of Innasi Ammal, the appellants have filed the above appeal before this Court under Section 384 of Indian Succession Act, 1925.2. For convenience we may refer the parties as described in O.P. No. 278 of 87. In the matter
Tag this Judgment! AI Brief & AskDevisingh S/O Balaramsingh Raghuwanshi and ors. Vs. Smt. Shailabai Wd/ ...
Mumbai
Apr-24-1994
Family
Hindu Succession Act, 1956 - Sections 6 and 30; Indian Succession Act, 1925 - Sections 63 to 68; Evidence Act, 1872 - Sections 3, 59, 60, 61 and 101
1996(2)BomCR183
of the Will has to be proved in accordance with the provisions of section 63 of the Indian Succession Act, 1925. Further, they have to prove that it is the last Will of the testator. It is then not … as incurred by the parties. Family - will - Sections 6 and 30 of Hindu Succession Act, 1956, Sections 63 to 68 of Indian Succession Act, 1925 and Sections 3, 59, 60, 61 and 101 of Evidence Act,
Tag this Judgment! AI Brief & AskSavithri and ors. Vs. Karthyayani Amma and ors.
Supreme Court of India
Oct-12-2007
Family
Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68
AIR2008SC300; 2008(1)AWC126(SC); JT2007(12)SC248; 2007(4)KLT811(SC); 2007AIRSCW6787; (2007)11SCC621
the witnesses putting their signatures. This satisfies the requirements of the provisions of Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872. [See Apoline D'Souza v. John D'Souza : AIR2007SC2219 . … However, in the facts and circumstances of the case, there shall be no order as to costs. - Sections 101-104: [S.B.Sinha & H.S.Bedi, JJ] Will Execution Suspicious circumstances Plea of coercion Held, Burden to prove is on
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, Sections 69 and 70 of the Indian Evidence Act providing for exceptions in relation thereto would be attracted. Compliance
Tag this Judgment! AI Brief & AskA. Ramesh Vs. A. Manohar Prasad and ors.
Chennai
Jan-06-1999
Family
Succession Act, 1925 - Sections 63 and 218
AIR1999Mad149
as it has an admixture of law due to the specific requirements of Section 63 of the Indian Succession Act, 1925 towards due execution. From the observation it is clear that the due execution of the Will is an … of the plaintiff on executing a bond for sum of Rs. 5,000/-. Family - letter of administration - Sections 63 and 218 of Succession Act, 1925 - suit for grant of letter of administration - whether Will and
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