Testation - Judgment Search Results

Dr. Feroze Homi Duggan Vs. Jean Duggan

Court: Mumbai

..... as to overpower the volition without convincing the judgment of the testator will constitute undue influence though no force is either used ..... must be positive proof of coercion overpowering the volition of the testator the aforesaid case is cited by the learned author shall ..... carried to a degree in which the freeplay of the testator s judgment discretion or wishes is overborne will constitute undue .....

Ajay P. Asher Vs. Kirit P. Asher and Another

Court: Kerala

Reported in: 2011(3)ILR(Ker)510; 2011(3)KLT110(SN)(C.No.110); 2011(3)KLJ631; 2011(3)KHC288

..... suspicious circumstances and the propounder of the will the 1st defendant elder son of the testator has not dispelled such suspicious circumstance satisfactorily proving that it is a genuine will ..... and the will does not contain any disposition over the letters and correspondence that the testator had with gandhiji and the like circumstances canvassed can never be considered as suspicious .....

Pushpawati Joshi (Thr. Lrs Chandrakala Joshi and Ors) Vs. Beena Sharma ...

Court: Delhi

..... the will proof of testamentary capacity and the signature of the testator as required by law is sufficient to discharge the onus ..... existing in that case and prominent amongst them being that the testator in that case had thumb marked on his will whereas ..... were several other suspicious circumstances apart from the fact that the testator had disinherited his own wife while making his will therefore the .....

Marten Borchert and anr. Vs. Arzan Khambatta and anr.

Court: Mumbai

..... be read into the will upon seeing the intent of the testator the testator left two sons and five daughters he gave 1 7th ..... of the surrounding circumstances including in construing the will of a testator who dies on or after 1st january 1983 evidence of his ..... that the restrictions of scholarships were an inessential part of the testator s scheme the dominant charitable intention was to further music by .....

Marten Borchert and anr.Vs. Arzan Khambatta and anr.

Court: Mumbai

..... be read into the will upon seeing the intent of the testator the testator left two sons and five daughters he gave 1 7th ..... of the surrounding circumstances including in construing the will of a testator who dies on or after 1st january 1983 evidence of his ..... that the restrictions of scholarships were an inessential part of the testator s scheme the dominant charitable intention was to further music by .....

Ms. Anita Bishnu Vs. State Govt. of Nct of Delhi and Others

Court: Delhi

..... therapy treatment infact nothing turns on the fact that the testator was not following the advice of the doctor because the ..... not probabalise the plea of plaintiff deepak kumar of the testator signing the blank document and thereafter the will in question ..... responsible for looking after his mentally retarded daughter kalyani and the testator had expressed in so many words his hope that petitioner .....

Usha Dewani and anr. Vs. Paras Ram T. Dewani

Court: Delhi

..... sold property as proprietor thereof as per the will the testator bequeathed the abovementioned property and the business to the respondent ..... respondent along with documents which contains signatures of the deceased testator contains his genuine signatures and can therefore be used for ..... since pw1 has already testified to the fact that the testator had put his signatures on the will in his presence .....

Asha Ram Vs. Shanti Devi and anr.

Court: Delhi

..... act which reads as under 63 execution of unprivileged wills every testator not being a soldier employed in an expedition or engaged in ..... 12 14 days but also denied the suggestion that the deceased testator was not in his senses one year before his death ..... doubt evidence has been led by the appellant regarding the deceased testator having taken treatment in ram manohar lohia hospital and having remained .....

Dayashankar and Others Vs. Jaishankar Since Deceased Through His Legal ...

Court: Chhattisgarh

..... and thereafter had also put their signature either conjointly or separately in the present of testator it was further contended the second attesting witness jitendra kumar mishra had not supported the ..... onus is discharged by the propounder adducing prima facie evidence proving the competence of the testator and execution of the will in the manner contemplated by law the contestant opposing the .....

Surinder Kumar Grover Vs. State and ors

Court: Delhi

..... reads as under section 63 execution of unprivileged wills every testator not being a soldier employed in an expedition or engaged ..... with the permission of the court respondents admitted the deceased testator in hospital and bore all his medical expenses after which ..... and circumstances discussed above it also gets proved that the testator was not in sound and disposing mind while executing the .....