Testate - Year 1995 - Judgments

Jun 24 1995 (HC)

In the Goods Of: Arun Ch. Mitra (Deceased)

Court: Kolkata

Decided on: Jun-24-1995

Reported in: AIR1996Cal159

..... will at the young age of forty one particularly when the testator was a solicitor of this court the learned advocate argued ..... to examine and compare the signatures with specimen signatures of the testator by calling a hand writing expert should sap the very ..... the execution proof of testatmentary capacity and of signature of the testator as required by law is sufficient to discharge the onus where .....

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Sep 29 1995 (TRI)

V.K.S. Bawa Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Delhi

Decided on: Sep-29-1995

Reported in: (1996)56ITD232(Delhi)

..... court it establishes its existence executors are either appointed by the testators or by the court section 213 of the indian succession ..... case their lordships held that when the personal estate of the testator has been fully administered by his executor and residue ascertained the ..... that she was in the direct line of succession of the testator and therefore there was no demand of unearned increase in .....

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Dec 26 1995 (TRI)

Wealth-tax Officer Vs. Executor Shri Manoharsinhji P.

Court: Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on: Dec-26-1995

Reported in: (1996)57ITD524(Ahd.)

..... in these appeals by the revenue is whether when a testator bequeathes an identifiable property in favour of a trust created ..... dated 30 9 1973 according to the said will the testator bequeathed certain properties to certain specific legatees and residuary estate ..... reproduced supra established that the directions in the will by the testator were specific unambiguous and worded in terms which are not .....

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Jul 01 1995 (HC)

R.N. Gupta and ors. Vs. State and ors.

Court: Delhi

Decided on: Jul-01-1995

Reported in: 1995IIIAD(Delhi)566; 59(1995)DLT432; 1995(34)DRJ469; 1995RLR474

..... a party to oppose a testamentary paper hence a daughter of the testator who was a person entitled to succeed under hindu law on the ..... was a defect which would entitle the applicant daughter of the deceased testator to the revocation of the grant the case reported as air1933cal74 was ..... who alleged himself to be the son of the sister of the testator and filed a petition for grant of probate of the said .....

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Mar 14 1995 (HC)

Satish Chand Vs. Smt. Kumud Sharma

Court: Rajasthan

Decided on: Mar-14-1995

Reported in: 1995(1)WLN577

..... the witnesses shall sign the will in the presence of the testator but it shall not be necessary that more than one witness ..... in chief that they signed the will in the presence of the testator there was no due attestation it will depend on the circumstances ..... in evidence whether the attesting witnesses signed in the presence of the testator this is a pure question of fact depending on appreciation of .....

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Oct 25 1995 (HC)

John Mathew Vs. P.D. Rajan and anr.

Court: Chennai

Decided on: Oct-25-1995

Reported in: 1996(1)CTC733

..... p suppressing the execution of a cancellation document under which the testator had cancelled the will executed by her under which alexander ..... administration claims that he was living joint in property which the testator left by will he has no locus standi to object to ..... so when the applicant had no possible chance of succeeding the testator s estate and on that ground itself this application for .....

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Apr 28 1995 (TRI)

Mrs. Pushpa Vadera Vs. Thomas Cook (India) Ltd.

Court: Company Law Board CLB

Decided on: Apr-28-1995

Reported in: (1996)87CompCas921

..... jurisdiction with a grant of administration to the estate of the testator he submitted that the purpose of probate letters of administration is ..... and bombay consequently the probate of the will executed by the testator in delhi cannot be insisted upon by the respondent company in ..... their signatures on the said will in the presence of the testator at the time of hearing the appellant has filed two .....

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Sep 21 1995 (HC)

Sri Chintala Satyanarayana Vs. Smt. Chintala Kistamma

Court: Andhra Pradesh

Decided on: Sep-21-1995

Reported in: 1996(3)ALT22

..... signed he is an independent witness unrelated to the testator he asserted that the testator was hale and healthy and in a sound and ..... the will the first and the foremost circumstance is that the testator who was examined earlier on commission said in his evidence that ..... have no hesitation to reject the same merely because when the testator figured as a witness in december 1975 he was suffering from .....

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Feb 17 1995 (TRI)

Rajender Kumar Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Delhi

Decided on: Feb-17-1995

Reported in: (1995)53ITD130(Delhi)

..... on production of the original will as signatures of the testator for comparison were available only on the original the contents ..... of the will further suggested that the testator was fully aware of registration yet the alleged will was ..... permitted to be mutilated and destroyed this was unacceptable the testator was neither income tax assessee nor assessed under the wealth .....

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Nov 03 1995 (HC)

Puskar Sharma and ors. Vs. Smt. Sudha Mishra

Court: Madhya Pradesh

Decided on: Nov-03-1995

Reported in: [1997]226ITR401(MP)

..... include a transfer which becomes effective only on the death of the testator relying upon sarin v ajit kumar air 1966 sc 432 shri ..... will which certainly would come into operation after the death of the testator would also not be a transfer the further observation from para ..... be doubted that the plaintiff prior to the death of the testator had no rights in the property the succession would open on .....

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