Testate - Year 2002 - Judgments

Jul 08 2002 (HC)

T. Sarveswara Rao Vs. T. Sathyanarayana and ors.

Court: Chennai

Decided on: Jul-08-2002

Reported in: AIR2002Mad487

..... the plaintiff and that the other sons and daughters of the testator were not entitled to a claim in the said partnership ..... ambattur industrial estate named east coast structurals a partnership firm the testator purchased a flat with an extent of 850 sq ft ..... under coercion and undue influence exercised by the plaintiff over the testator the testament in respect of which letters of administration is .....

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Jan 18 2002 (HC)

Meera Dewan Vs. Shakuntala Dewan

Court: Delhi

Decided on: Jan-18-2002

Reported in: 2002IIAD(Delhi)519; AIR2002Delhi321; 96(2002)DLT853

..... themselves jointly the court further found that clause 3 of the will provided that the testators could alienate the properties jointly or severally and thereforee there was no intention of the ..... properties in question the will further stated that after the death of the survivor the testators devised and bequeathed the properties which were delineated into three parts to their three grandsons .....

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Aug 08 2002 (HC)

S. Sukumar Vs. S. Gopal,

Court: Chennai

Decided on: Aug-08-2002

Reported in: (2002)3MLJ647

..... comparatively few and simple but the peculiar indulgence extended to testators who are regarded as inopes consilii has exempted the language ..... test is to determine whether the predominant intention of the testator is to confer and maintain as absolute estate and ..... it must consider the surrounding circumstances the position of the testator his family relationship the probability that he would use words .....

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Nov 20 2002 (HC)

V. Srisailam Vs. V. Krishna Murthy and ors.

Court: Andhra Pradesh

Decided on: Nov-20-2002

Reported in: 2003(1)ALD500

..... the following suspicious circumstances i the alleged signature of the testator may be very shaky and doubtful and the evidence of ..... mukherjee v panchanan banerjee air1995sc1684 if the intention of the testator is to exclude natural heirs the mere fact that such ..... consideration of evidence whether the will was executed by the testator after anxious consideration of the rival submissions and in the .....

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Nov 22 2002 (HC)

Harbans Kaur Vs. Sukhdev Kaur and ors.

Court: Punjab and Haryana

Decided on: Nov-22-2002

Reported in: (2003)133PLR543

..... by satisfactory evidence that the will was signed by the testator that the testator at the relevant time was in a sound and disposing ..... before the document is accepted as the last will of the testator the presence of such suspicious circumstances naturally tends to meek ..... of the plaintiff no doubt it is true that where a testator deprives his legal heirs it constitutes a suspicious circumstance which .....

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Mar 08 2002 (HC)

In the Goods Of: Phani Bhusan Sinha (Deceased)

Court: Kolkata

Decided on: Mar-08-2002

Reported in: (2002)3CALLT279(HC)

..... they appear to be disinterested and respectable persons they are the close neighbours of the testator therefore this case is factually distinguishable with the cited judgment 14 learned senior counsel appearing ..... attesting witness who is not only chartered accountant by profession but also connected with the testator only for having certain chats in the coffee house in respect of sports and politics .....

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Aug 09 2002 (HC)

Romesh Chander Magotra and anr. Vs. M.M. Khajuria

Court: Jammu and Kashmir

Decided on: Aug-09-2002

Reported in: AIR2003J& K62

..... civil suit is pending in which the competency of the testator to bequeath the property by executing the will is questioned ..... circumstances surrounding its execution the proof of testamentary capacity and testator s signatures as required by law would normally suffice in ..... challenging the will on the ground of incompetency of the testator petitioners therefore have not succeeded in making but a cause .....

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Oct 29 2002 (HC)

Avutapalli Mangamma and anr. Vs. Alluru Panduranga Rao and anr.

Court: Andhra Pradesh

Decided on: Oct-29-2002

Reported in: 2003(1)ALD190; 2003(1)ALT765

..... to prove the genuineness or otherwise of the will executed by the testator 2 whether is it sufficient to examine only the attestor and ..... the contents to be correct who obtained the thumb impression of the testator was in the presence of scribe and attestors etc he also ..... 1 st defendant and in pursuance of the mandate given by the testator the plaintiffs are entitled to get title over the property and .....

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Mar 01 2002 (HC)

Yerasi Ankamma Vs. K.L. Syama Sunder Reddy and ors.

Court: Andhra Pradesh

Decided on: Mar-01-2002

Reported in: 2004(2)ALT32

..... the dispositions under the will are unnatural the signature of the testator late bv reddy was not proved and the attestation on the ..... section 63 reads as under 63 execution of unprivileged wills every testator not being a soldier employed in an expedition or engaged in ..... noticed that in ex b 1 after the signature of the testator y bala venkata reddy one mapalle venakt reddy subscribed his signature .....

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Nov 21 2002 (HC)

Surinder Pal Vs. Harish Kumar

Court: Punjab and Haryana

Decided on: Nov-21-2002

Reported in: (2003)133PLR567

..... was required to dispel the suspicious circumstances as to why the testator had not thought of withdrawing the earlier will from the office ..... and depositing the later will it was found that if the testator had changed his mind he was required to withdraw the sealed ..... was no mention of this fact that the relations between the testator and plaintiff had become cordial after the execution of the earlier .....

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