Testation - Year 2016 - Judgments

Dec 21 2016 (HC)

……… Plaintiff Vs. Mrs. Shelly Roy Chowdhury and Anr.

Court: Kolkata

Decided on: Dec-21-2016

..... 24 1976 vitiated by suspicious circumstances undue influence and false personification iii had the testator profulla churn law testamentary capacity and sound disposing mind at the time of executing ..... learned counsel representing the defendants submits that inequitable disposition of the property by the testator of the will may be considered as one of the suspicious circumstances surrounding the .....

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Nov 21 2016 (HC)

Appellant Vs. Respondent

Court: Kolkata

Decided on: Nov-21-2016

..... respect whereof the grant was challenged initially referred to only one immovable property of the testator in the state of maharashtra but was later amended by incorporating the words and elsewhere ..... status the executors refer to the mail exchanged between them which remain unchallenged regarding the testator s treatment both in the city and temporarily elsewhere the executors say that about a .....

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Jan 12 2016 (HC)

S. Palani and Others Vs. S. Bharathi Dasan (Deceased) and Others

Court: Chennai

Decided on: Jan-12-2016

..... suspicious circumstances such as where the signature is doubtful the testator is of feeble mind or is overawed by powerful minds ..... and his or her family inferences arising from relationships between a testator and a legatee are certainly so dependent upon the peculiarities ..... as to the genuineness of the signatures of the testator the condition of the testator s mind the dispositions made in the will .....

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Jun 13 2016 (HC)

Thangam @ Chellammal and Another Vs. Sivakami and Others

Court: Chennai Madurai

Decided on: Jun-13-2016

..... circumstances mentioned by the appellants have been dispelled if really the testator deceased was not in sound disposing state of mind he ..... the document is accepted as the last will of the testator the presence of such suspicious circumstances naturally tends to make ..... the broad statement by witness that he had witnesses the testator admitting execution of the will was not sufficient to dispel .....

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Sep 01 2016 (HC)

Paramjit Kaur and Others Vs. Teja Singh and Others

Court: Delhi

Decided on: Sep-01-2016

..... surjan singh he had accompanied his father surjan singh along with testator makhan singh to the office of sub registrar this witness ..... cannot possibly stand together the last shall prevail illustrations i the testator by the first clause of his will leaves his estate ..... given to her militates against the appellant s contention that the testator intended to confer upon her a limited interest in his .....

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Dec 15 2016 (HC)

In the Goods of Saraj Kumar Chatterjee (Deceased) Vs. Tridib Kumar Sar ...

Court: Kolkata

Decided on: Dec-15-2016

..... signature in the records of the punjab national bank is the authentic signature of the testator the defendants do not admit the genuineness of such signature hence comparison with such signature ..... disputing the genuineness of such signature both the handwriting experts have taken into consideration the testator s signature on the earlier will while filing their reports the reports have gone against .....

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Oct 14 2016 (HC)

Panna Surendra Mehta Vs. Purnima Latik Shah

Court: Mumbai

Decided on: Oct-14-2016

..... of the signature mark or other person s signature from the testator 14 as to the actual execution we have the evidence ..... crucial the plaintiff was confronted with an undated letter from the testator to the branch manager of the bombay mercantile cooperative bank ..... me that this one document totally eviscerates her defence that the testator was never known as jaswantbhai but only ever as jaswantlal and .....

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Jun 24 2016 (HC)

Chittaranjan Narottamdas Negandhi Vs. Hemkala Alias Meenakshi Mansingh ...

Court: Mumbai

Decided on: Jun-24-2016

..... not know what he is doing 63 execution of unprivileged wills every testator not being a soldier employed in an expedition or engaged in ..... arose one set of witnesses deposed to a certain state of the testator s health this state of affairs was not put to the ..... must be shown that the purported will makes a disposition that the testator or testatrix in question could never have made on account of his .....

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Mar 08 2016 (HC)

Mahabanoo Navroz Kotwal Vs. Piloo Fali Bomanji and Another

Court: Mumbai

Decided on: Mar-08-2016

..... by the notary nothing more seems to have passed between the testator and the witnesses on that occasion the question arises whether it ..... by such importunity as takes away the free agency of the testator is void illustrations i v a being of sufficient intellect ..... by suspicious circumstances such as where the signature is doubtful the testator is of feeble mind or is overawed by powerful minds interested .....

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Oct 26 2016 (HC)

K. Ramalingam Vs. Anjalai

Court: Chennai

Decided on: Oct-26-2016

..... has not settled the mortgage debt incurred by the testator and the testator has voluntarily executed the will dated 18 05 1994 ..... to live in the house mentioned in the schedule the testator dhanabakkiam has mortgaged the property mentioned in the schedule in ..... appeals has befittingly contended that till the demise of the testator viz dhanabakkiam no con cordial relationship has been in existence .....

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