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Landmark Judgments and Articles on Law

Can the court hold that execution of the will is proved if evidence of scribe and attesting witness is not trustworthy?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6825 of 2008 STATE OF HARYANA Vs HARNAM SINGH (DEAD) THR.   Author: ANIRUDDHA BOSE, J. Dated: November 25, 2021.   The appellant before us is the State of Haryana assailing the legality of…

Whether Certified copy of will is Public document?

IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 28TH DAY OF AUGUST 2017 BEFORE THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No. 84322/2011(GM-CPC) BETWEEN: Rajendra @ Deendhar, Genitive S/o Bhimappa Huttarkihal, Adoptive Son of Sri Kapur, Age: 39 Years, Occ: Nil R/o…

Whether Hindu is entitled to inherit property of christian relative as per Indian Succession Act?

IN THE HIGH COURT OF CALCUTTA A.F.O.D. No. 173 of 1954 Decided On: 12.01.1956 Benoy Kumar Mondal Vs. Panchanon Majumdar Hon’ble Judges/Coram: P.N. Mookerjee and Renupada Mukherjee, JJ. Citation: AIR 1956 Calcutta 177 1. This appeal is directed against the grant of letters of administration…

Whether propounder of will is bound to prove will even if objection to will is not taken by other side?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Civil Revision Application No. 68 of 2015 Decided On: 04.04.2018 Bainabai Vs. Divisional Manager, Life Insurance Corporation of India and Ors. Hon’ble Judges/Coram: Manish Pitale, J. Citation: 2018(6) MHLJ 91 1. This revision application challenges two concurrent…

Whether executor of will can be removed if beneficiaries have lost confidence in him?

IN THE HIGH COURT OF BOMBAY Writ Petition No. 7222 of 2015 Decided On: 02.02.2018 Subhada Mithilesh and Ors. Vs. Prabhakar Deolankar and Ors. Hon’ble Judges/Coram: Dr. Shalini Phansalkar Joshi, J. Citation: 2018(2) MHLJ 211 1. Heard learned counsel for the petitioners, learned counsel for…

Probate and Validity of the will

Supreme Court of India Smt. Rukmani Devi And Ors. vs Narendra Lal Gupta on 13 September, 1984 Equivalent citations: AIR 1984 SC 1866, 1984 (2) SCALE 589, (1985) 1 SCC 144, 1985 (17) UJ 196 SC Bench: D Desai, D Madon JUDGMENT D.A. Desai, J….

Signature on document to be attested to prove the Document

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved On : February 24, 2015 Judgment Delivered On : March 03, 2015 FAO (OS) 355/2008 JAGDISH PRASAD …..Appellant   Represented by: Mr.Rajesh Rai, Advocate versus STATE …..Respondent Represented by: Ms.Rama Arora, Advocate for Land…

Indian Succession Act, and Section 112 of Evidence Act

Supreme Court of India Ishwardeo Narain Singh vs Smt. Kamta Devi And Ors. on 25 February, 1953 Author: S Das Bench: Mahajan, S Das JUDGMENT S.R. Das, J. 1. One Jagdishwar Prasad Singh who was the son of Sripat Narain Singh by his first wife…

Christians Seek Amendment to IPC Section 494

The fresh representation by Indian Christians governed by Canon Law for relief by amendment of the Indian Penal Code (IPC) and the Indian Succession Act was forwarded to Salman Khurshid, union minister of law and parliamentary affairs, recently, in order to amend Sec 494 IPC…

DNA test, right to privacy and Succession

Supreme Court of India Bench: A Pasayat, S Kapadia CASE NO.:Appeal (civil) 2918 of 2005 PETITIONER:Shri Banarsi Dass Vs. RESPONDENT:Mrs. Teeku Dutta and Anr DATE OF JUDGMENT: 27/04/2005 BENCH:ARIJIT PASAYAT & S.H. KAPADIA JUDGMENT:J U D G M E N T (Arising out of SLP(C)…

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