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Judgment Search Results Home > Cases Phrase: testamentary Page 1 of about 18,577 results (0.005 seconds)

Sep 25 2014 (HC)

Jivaji Framroze Tarachand (since deceased) through his Lrs. and Others ...

Court : Mumbai

..... mr.pithawalla before jivaji had made corrections. the corrections made by mr.jivaji was not initialled by the said deceased or by the attesting witnesses. even after filing of the testamentary petition by the two alleged executors, perusal of record would clearly indicate that for examining the witnesses by the plaintiff, mr.jivaji tarachand, his wife and kanaz tarachand had ..... under order 19 of the code and the evidence act, both of which incorporate the general principles. 90. relying upon the aforesaid judgment, learned counsel submits that once the testamentary petition is converted into a suit, provisions of code of civil procedure 1908 and indian evidence act 1872 would apply to civil proceedings. the defendants thus could not consider the ..... inference under section 114 of the evidence act, illustration (g). it is submitted that based on such affidavits filed in this proceedings, the plaintiff has not proved execution, attestation and testamentary capacity of the said deceased. though jivaji tarachand was alive for quite some time after filing of this petition, he was not examined as a witness. 32. mr. shah ..... that the said deceased was ordinarily residing at boggulkunta, hyderabad. names of the legal heirs of the said deceased are disclosed in paragraph 9 of the said petition. alongwith the testamentary petition, the original petitioners filed affidavit dated 21st july, 2005 of mr. homi cavasji pithawalla who was claiming to be one of the attesting witness to the alleged will .....

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Apr 29 2014 (HC)

Adil Phiroz Makhania Vs. Dilip Gordhandas Gondalia and Another

Court : Mumbai

..... of the respondents. it is submitted that about the alleged form 8 issued by parsi general hospital, it was never alleged in the entire testamentary petition. only after the matter was substantially argued by the parties including on the issue of limitation, petitioner in the rejoinder for the first ..... . petitioner was having photocopy of the entire proceedings in the testamentary petition filed by the respondents which is produced for perusal of this court. 18. learned counsel submits that from the year 2007 till 2013 ..... totally false and misleading. it is submitted that in any event the petitioner with due diligence could have found out the status of the testamentary petition filed by the respondents and the orders passed therein as he was fully aware of atleast filing of petition and the existence of will ..... new advocate engaged by the respondents, after grant of probate by this court in favour of the respondents. the petitioner could refer to the testamentary petition number and could address such letter to the new advocate of the respondents only if the petitioner was fully aware of filing of the ..... which was sent to the advocate of the respondents. learned counsel submits that the petitioner has got the entire photocopy of the original proceedings in testamentary petition (701 of 2003) which would clearly indicate that the petitioner was fully aware of the said proceedings, the order passed therein, name of .....

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Sep 20 2000 (HC)

In the Matter of Goods of Late Raj Kumar Seth, Naveen Chand Seth

Court : Allahabad

Reported in : 2000(4)AWC3196

..... seth (who died on 11.2.1999) to challenge the second renewal in favour of tej narain chaddha and triloki narain chaddha in 1971. this testamentary court, as observed above, would not decide the title to the property in question. instead of bringing a proper suit concerning the right or title ..... wrongdoer who has seized or converted the goods of the estate by an action of trespass or trover. it is also beyond doubt that the testamentary court has the exclusive jurisdiction to adjudicate upon the genuineness or otherwise of a will, which is either relied upon by the petitioner/plaintiff in ..... appeal was disposed of with the relevant observations (of the order) reproduced in the earlier discussion.11. it is established position of law that the testamentary court does not decide title of the property in respect of which letters of administration are claimed. section 220 of the indian succession act provides ..... the learned counsel for the parties, i am firmly of the view that no interim or restraint order is required to be passed in this testamentary case, meaning thereby the restraint order passed on 21.4.2000 deserves to be discharged. i should now state the reasons for the same.9 ..... conveniently been concealed by the petitioner. triloki narain chaddha being the father of tej narain chaddha and ganesh kumari anand changed the mode of devolution by testamentary disposition in favour of his grandson deepak narain chaddha in the year 1983 by executing a will dated 3.7.1983 (annexure-2 to the .....

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Jun 24 2016 (HC)

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

Court : Mumbai

..... will in case of death of the attesting witnesses. as discussed in the preceding paragraphs, the petitioner has proved the due execution of the will. conclusion and order 53. the testamentary court's jurisdiction is not a jurisdiction of suspicion. it is a jurisdiction of circumspection and caution. the conscience of the court must be satisfied. the test is, as well ..... by the plaintiff. they were acknowledged by the 1st defendant. the evidence, taken as a whole, does not in any way substantiate 1st defendant's case on complete and utter testamentary incapacity. to the contrary, it establishes precisely what plaintiff candidly admits, that bhanumati had epileptic episodes but that she was otherwise unimpaired in her faculties. this issue is, therefore, answered ..... do this. important to our discussion are the explanations to section 59, for they make it clear that certain impediments such as hearing, speech or sight impediments do not constitute testamentary incapacity. for our purposes, explanation 3 is crucial. this speaks of persons who are, to use the unfortunate expression of the statute, "insane". i will read this to include any ..... identical. they will be treated as one. as regards issue no.2, i will take it, and mr. bulsara for the plaintiff agrees, that the initial burden of proving sufficient testamentary capacity is, as it must always be, on the plaintiff. what issue no.3 does, as currently framed, is to place the burden of proving a specific medical condition sufficient .....

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Mar 08 2016 (HC)

Mahabanoo Navroz Kotwal Vs. Piloo Fali Bomanji and Another

Court : Mumbai

..... inherently unsound by nature and abnormal. nor is it the too scientific test which would satisfy the highest technical medical examinations. some idea of what this sound disposing mind in testamentary law is, can be gathered from section 59 of the succession act and the statutory explanations there-under. in explanation 2 of section 59 of the succession act it is ..... , dr. kotwal emphatically denies the suggestion. 43. it is in this context that i must see mr. shah s submission that the due execution of the will and nergish s testamentary capacity both have been sufficiently established. i find it exceedingly difficult to come to any such conclusion on this material. it is of very little consequence, in my view, that ..... to conclude that mahabanoo enjoyed nergish s confidence. beyond this, he says, there is absolutely nothing to indicate that there was any kind of undue influence; and, as to her testamentary capacity, in his submission dr. sethna s evidence is unshaken and shows no material error. 34. of the witnesses whose evidence was led by the defendants, on these issues as ..... family. she could certainly not converse. 13. the defendants say that nergish therefore was not of a sufficiently sound and disposing state of mind, body and understanding to make any testamentary disposition. the thumb impression is denied as that of nergish. the defendants allege that mahabanoo exercised undue influence on nergish and took advantage of her uncomprehending and vegetative mental and .....

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May 22 1992 (HC)

Mahendra Pratap Singh (Deceased) and Another Vs. Smt. Padam Kumari Dev ...

Court : Allahabad

Reported in : AIR1993All143

..... high court is one of the charter high courts established by the letters of patent of 1866. this high court is invested with special jurisdiction in insolvency and in admiralty, testamentary and matrimonial matters and over infants, idiots and lunatics. they were powers which were reserved with charter high courts. what is reserved for the calcutta high court was ordained by ..... singh two things happened -- a caveat was entered to object to the wing commander receiving letters of administration on the estate of his brother and simultaneously another case was filed (testamentary case no. 27 of 1987) by the same caveator that the will authorises this caveator to obtain charge of the estate of the late mahendra pratap singh. it is this ..... the instructions of mr. ajit singh panwar, claiming under a general power of attorney, on behalf of the mother of their client, the authority of the so-called agent, in testamentary proceedings was of no value and all actions of ajit singh panwar, aforesaid, acting as he claims under power of attorney are invalid, void and illegal, counsel submitted that padmakumari ..... ) contends that his mother is 87 years old and not of an independent mental disposition and is captive of the person who files pleadings on her behalf in matters of testamentary disposition and succession and these matters cannot be conducted through a general power of attorney. the issue arose when the application seeking restoration of the dismissed suit was under consideration .....

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Mar 23 2016 (HC)

Jitendra singh rajendra Singh kushwaha and Others Vs. Suresh Rajendra ...

Court : Mumbai

..... and in each other s, all being present at the same time, set and subscribe their respective names and signatures at the foot of the testamentary paper as witnesses thereto. the form suggests that this simultaneous presence of both witnesses is a requirement of law. it is not. section 63(c ..... therefore, it can only be on the question of dispositive capacity, and here, as we have seen there is ample evidence aliunde of sufficient testamentary capacity, and no counter-evidence from the defendant such as would serve to shift the onus back on the plaintiffs. no question therefore arises of ..... ingredients. the fact that it makes dispositions that do not favour the defendant is not evidence of lack of capacity. 44. on the issue of testamentary or dispositive capacity, the testimony of both attesting witnesses is undisturbed in cross. we know, for instance, that the testator travelled all the way ..... relevant to the case at hand. the inclusion of any particular property is not, except perhaps in a truly egregious case, evidence of lack of testamentary capacity. a probate court will not investigate title, even for such a collateral purpose. 24. it is an admitted position that the deceased was ..... -in-chief and in his further oral examination-in-chief to substantiate this submission. this is untenable. it is now far too well settled that testamentary matters do not decide questions of title. accordingly, by an order dated 29th october 2013, the learned single judge of this court held that paragraphs .....

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Aug 17 2009 (HC)

Mr. BipIn Natwarlal Ganatra, Indian Inhabitant Vs. Rohan P. Shah, Hind ...

Court : Mumbai

Reported in : 2010(1)BomCR480

..... whether the testator had title to the residential flat at woodlands is a matter does not fall for adjudication by the court granting a probate in the exercise of the testamentary jurisdiction. however, it would be necessary to record that the petitioner himself has admitted the ownership of the testator in the residential flat in his affidavit dated 5th march 2008 ..... time in 1994 and shortly thereafter, the testator settled his property in trust on 20th june 1994 naming him as one of the trustees and executed his first and second testamentary dispositions thereafter on 16th may 1996 and 5th july 1997; seventhly, though the will contains an endorsement of the attesting witness that it has been read out to the testator ..... this court on 22nd december 1999.10. counsel appearing on behalf of the petitioner urged before the court that there are several suspicious circumstances attendant upon the execution of the testamentary disposition of 5th july 1997. it would be appropriate to summarize these alleged circumstances. firstly, it has been submitted that under the earlier will of the testator dated 16th may ..... dispel those circumstances by a cogent explanation; (ii) the suspicious circumstances have not been dispelled by the propounder of the will; (iii) the testator was not capable of making a testamentary disposition of his property; (iv) the statutory requirements of proving the due execution of the will have not been complied with; (v) the second respondent who is one of the .....

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Jul 08 2016 (HC)

Shirish Popatlal Shah Vs. Arun Popatlal Shah

Court : Mumbai

..... an adverse inference against the plaintiff for these reasons. therefore, the arguments as to the delay in filing this ptn must fail. 49. the jurisdiction of a testamentary court is not one of suspicion but one of caution. as the supreme court said in h. venkatachala iyengar v. b. n. thimmajamma and ors.: (air ..... an overall view is to be adopted; emphasis cannot be placed on a single feature or circumstance in the execution of a will. 23. as to testamentary capacity, it is nobody s case that popatlal was not of a sound and disposing state of mind at the time when he made this will. ..... more, i may venture, than anyone does in the writing of judgments). the task before a person proving a will is to show due execution and testamentary capacity. i do not see how either are defeated by trivedi s presence. it is true that it is for the propounder of a will to remove ..... 61 and 63 of the indian succession act, 1925. section 59 says that a will can be validly made by any adult of sound mind. the testamentary or dispositive capacity must be proved to the satisfaction of the court. section 61 requires that the will not be importunate; i.e., it must be ..... said had been made by the parties mother, lilavati. the present defendant, arun shah, opposed the petition. he entered a caveat and that petition was renumbered as testamentary suit no. 18 of 2005. the will propounded divided lilavati s estate, including her inheritance from her husband, popatlal, between vinodini, the present plaintiff, sushil and .....

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Jun 11 2012 (HC)

Smt. Harsha Mahendra Gutka @ Shah and Another Vs. Mahendra Premchand S ...

Court : Mumbai

..... was not forged and fabricated or executed under duress. the will is, therefore, required to be probated. the estate of the deceased cannot be administered as on intestacy. consequently, the testamentary suit no.54 of 2010 claiming to administer the estate of the deceased under letters of administration of this court is required to be dismissed. hence the following order. order ..... 1. the testamentary suit no.127 of 2010 is decreed as prayed. 2. the testamentary petition no.175 of 2009 shall proceed. 3. the office of prothonotary and senior master shall issue probate of the will of the deceased mahendra ..... premchand shah dated 25th february, 2007 registered on 18th june, 2007. 4. drawn up decree is dispensed with. 5. testamentary suit no.54 of 2010 is dismissed. 6 ..... 1. the petitioner / plaintiff in testamentary suit no.127 of 2010 is the sister of the deceased mahendra premchand shah whose last will and testament dated 25th february, 2007 is sought to be propounded. the caveatrix .....

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