Court : Karnataka
Reported in : ILR2008KAR87; 2008(2)KCCRSN119; 2008(3)ICC421
..... bhagat ram and anr. v. suresh and ors. : air2004sc436 held that section 70 of the succession act re-enforces this proposition inasmuch as revocation of an unprivileged will or codicil is placed at par in the matter of manner of execution.(c) the supreme court in the case of durga parshad v. debi charan and ..... point.19. section 70 of the act deals with revocation of unprivileged will or codicil which reads as under:70. revocation of unprivileged will or codicil. -no unprivileged will or codicil, nor any part thereof, shall be revoked otherwise than by marriage, or by another will or codicil, or by some writing declaring an intention to revoke ..... intention to revoke the same. however, if the revocation is by some writing declaring an intention to revoke the will, the said writing should be executed in the manner in which an unprivileged will requires to be executed as contemplated under section 63 of the act.22. section 63 of the act provides for ..... 24. the rules which are prescribed for execution of an unprivileged will equally applies to revocation of will. when once a will is duly proved to have been executed, the person who sets up the plea that such a will is revoked by another deed, or will has to prove due execution of the said deed in ..... the same and executed in the manner in which an unprivileged will is hereinbefore required to be executed, or by the burning, tearing or otherwise destroying the same by the testator or .....Tag this Judgment!
Court : Delhi
Reported in : 2007(98)DRJ617
..... be regarded as positive ordinances of the legislature, binding upon all. nor can an individual waive a matter in which public have an interest.30. it thereforee, appears that an unprivileged 'will' under the act cannot be executed except in the manner provided for in section 63(c) of the said act. in this view of the matter, in the present case ..... after his death.' for it to be a 'legal' declaration, the declaration should, of necessity, comply with the requirements of law. the requirement of law for the declaration of an unprivileged 'will' to be legal are those contained in section 63(c) of the act. thus, in my view, a document not attested in accordance with section 63(c) of the act ..... property which he desires to be carried into effect after his death.4. section 63 of the act, so far as it is relevant, reads as follows:63. execution of unprivileged wills. - every testator, not being a soldier employed in an expedition or engaged in actual warfare or an airman so employed or engaged, or a mariner at sea, shall execute his ..... provision is made to waive compliance thereof. it is further argued that the requirement of the attestation by two witnesses of a unprivileged 'will' is really for the benefit of all the heirs, who would, in the absence of the 'will' derive interest in the property of the deceased as per the law of intestate succession. furthermore, since all the class i hears .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2004SC436; 2004(2)AWC1179(SC); (SCSuppl)2003(2)CHN144; 98(2004)CLT114(SC); [2004(2)JCR150(SC)]; 2003(10)SCALE13; (2003)12SCC35
..... , and no particular form of attestation shall be necessary.'13. it is also relevant to refer to section 70 which provides that no unprivileged will on codicil, nor any part thereof, shall be revoked otherwise than by marriage, or by another will or codicil, or by some writing declaring an intention to revoke the same and executed in the manner in which an ..... unprivileged will is hereinbefore required to be executed,or by the burning, tearing, or otherwise destroying the same by the testator or by some person in his presence and by his direction ..... act, 192563. execution of unprivileged wills. every testator, not being a soldier employed in an expedition or engaged ..... his death;(b) 'codicil' means an instrument made in relation to a will, and explaining, altering or adding to its depositions, and shall be deemed to form part of the will;'12. section 63 provides, by enacting the rules, for the manner in which an unprivileged will (the class to which the will in question belongs) shall be executed. the rules are as under:-succession .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2008KAR2115; 2008(3)KLT150; 2008(3)KCCR1484; 2008(4)AIRKarR480; AIR2008NOC2433; 2008AIHC3029(Kar)
..... 63 of the indian succession act, 1925 is fulfilled.54. section 63 of the indian succession act, 1925 reads as under:63. execution of unprivileged wills.- every testator, not being a soldier employed in an expedition nor engaged in actual warfare, [or an airman so employed or engaged,] or a ..... necessary to give the document validity.34. section 63 of the act deals with execution of unprivileged wills. it prescribes three rules which have to be satisfied before the court can declare that the will is duly executed. evidence should be adduced to show that the testator has signed or ..... it is necessary for the court to find out the reasons for such disinheritance. the reason for such disinheritance sometimes could be found in the will itself or from extrinsic evidence adduced. such an exclusion, in the absence of a satisfactory explanation, may also constitute a suspicious circumstance. therefore, ..... record, the relationship between the parties, there is nothing un-natural in the bequest made and the evidence clearly establishes due execution of the will, sound state of mind of the testator and clears any suspicious circumstances that may exist in the facts of the case. therefore, the plaintiffs ..... the assets and annexure-b contains the liabilities. therefore, the plaintiffs have filed the above suit for grant of letter of administration with the will annexed.4. notice to the defendants was ordered. a citation was ordered and it was duly published in the indian express. notices were duly .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2008KAR1840; 2008(3)KCCR1374; 2008(4)AIRKarR122; 2008(4)CivilLJ739; 2008(3)ICC786; 2008AIHC2777(Kar)
..... the appellate court is justified.(e) indian succession act 1925, - section 63 -execution of unprivileged wills -- clause (c) of section 63 -attestation under -- proof of will -- held, in so far as the proof of will is concerned, even the registration and non-denial of execution would not prove the will ipso facto. it has to be proved by examining the attesting witness. if the attesting .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2007SC614; 2007(2)CTC172; 2006(14)SCALE186; 2007AIRSCW203; JT2007(1)SC466; 2007LawHerald(SC)291; (2006)13SCC433
..... had no legal authority in that behalf. section 63 of the indian succession act lays down the mode and manner of execution of an unprivileged will. section 68 of the indian evidence act postulates the mode and manner of proof of execution of document which is required by law to be ..... shende v. tarabai shedage : 1scr132 and sridevi and ors. v. jayaraja shetty and ors. : air2005sc780 ]. subject to above, proof of a will does not ordinarily differ from that of proving any other document. 20. there are several circumstances which would have been held to be described by this court ..... and friends, nobody was examined on behalf of appellant also. if the other sons had implicit faith in their father and accepted that the will was genuine, they could also have been examined. they indisputably signed consent letters. we do not know under what circumstances, consent letters were ..... of the high court having arrived at a concurrent finding of fact, this court should not interfere therewith. (2) the circumstances in which the will was prepared, attested and executed, namely, in a cubicle of iccu raise serious doubts about the genuineness thereof. (3) no independent witness having been ..... mr. shanti bhushan, learned senior counsel appearing on behalf of appellant raised the following contentions in support of the appeal: (1) execution of the will having duly been proved, the high court committed an error in passing the impugned judgment. the fact that all the brothers and sisters of appellant .....Tag this Judgment!
Court : Mumbai
Reported in : 2004(2)BomCR427; 2003(4)MhLj277
..... in holding that the said document does not properly proved. 12. section 63 of the indian succession act reads as follows : '63. execution of unprivileged wills - every testator, not being a soldier employed in an expedition nor engaged in actual warfare or an airman so employed or engaged, or a mariner ..... ayyar, : 1scr949 . (3) the true intention of the testator has to be gathered not by attaching importance to isolated expressions but by reading the will as a whole with all its provisions and ignoring none of them as redundant or contradictory, raj bajrang bahadur singh v. bakhtra kuer, : 4scr232 . ..... the probability that he would use words in a particular sense.... but all this is solely as an aid to arriving at a right construction of the will, and to ascertain the meaning of its language when used by that particular testator in that document, venkata narasimhas's case (supra) and ghanmbal ammal ..... complied with inasmuch as one of the attesting witness has been examined who specifically mentioned that he had seen the testator narayan signing the said will in his presence. he also has stated that the testator had expressed his desire to bequeath the property to defendant no. 1. he ..... document and also after considering the construction of the said document the trial court arrived at a specific finding that the said document was a will whereby narayan father of the defendant no. 1 had bequeathed the suit property to him. the trial court also after examining the evidence of .....Tag this Judgment!
Court : Mumbai
Reported in : 2005(4)ALLMR648; 2006(1)BomCR439; 2006(1)MhLj610
..... affix his mark to the will or it shall be signed by some other person in his presence and by his discretion. it ..... counsel for the parties. it is well settled law that a will is a document which has got to be proved in accordance with the provisions of section 63 of the indian evidence act which deals with the execution of the unprivileged will. it lays down that the testator shall sign or shall ..... been examined. in such circumstances, it is difficult to uphold the contention of the learned counsel for the plaintiffs that the dispositions made in the will were natural, probable and fair. the appellate court has recorded finding of facts based on proper appreciation of evidence and since the appellate court is ..... onus. he contended that in the present case, there are no suspicious circumstances and moreover the attesting witness has also been examined and the last will dated 11-1-1979 executed by dalpat has been duly proved. he contended that both the courts below have not appreciated the evidence in proper ..... of the evidence recorded the finding that the plaintiffs have failed to prove that deceased dalpat had bequeathed the suit property in their favour under the will dated 11-1-1979 and dismissed all the suits. being aggrieved by the judgment and decree passed by the trial court, the unsuccessful plaintiffs carried .....Tag this Judgment!
Court : Delhi
Reported in : 2007(93)DRJ418
..... provision of section 63 ofthe indian succession act, 1925 (hereinafter referred to as the succession act). the said section reads as under:63. execution of unprivileged wills.--every testator, not being a soldier employed in an expedition nor engaged in actual warfare, or an airman so employed or engaged, or a mariner ..... a mere privilege or licence to use the whole or a part of the demised premises which privilege or license can be terminated at the sweet will and pleasure of the tenant at any time would not amount to 'parting with possession'. 'the divestment or abandonment right to possession is necessary ..... its execution by the person by whom it purports to have been executed is specially denied.15, learned counsel submitted that thus even if'the will is registered, the reading of the aforesaid two provisions would show that the attesting witnesses had to be examined and section 116 of the evidence ..... direction of the testator and in the presence of each other. learned counsel submitted that the attesting witnesses had not been examined to prove the will in accordance with law and placed reliance on section 68 of the indian evidence act, 1872 (hereinafter referred to as the evidence act), which ..... the settled principles of sub-letting. the questions of law which learned counsel for the appellants claimed to raise are as under:(i) whether the will, not proved in accordance with law, can be relied upon for establishing the status as a landlord/owner of a tenanted premises?(ii) whether .....Tag this Judgment!
Court : Chennai
Reported in : (1987)2MLJ348
..... substantial question of law which was formulated by this court runs as follows:that the will ex. b-1 has not been proved or established to have been validly attested.2. on the question of execution, of unprivileged wills like ex. b1. the statutory' principles that govern the same are to be gleaned ..... the evidence. as i have already pointed out. in the present case, the sequence of events demonstrates that the entire process of execution, reading out the will, verification, signing by the testatrix, and attestation-all took place at one sitting and, if the evidence is viewed hot disjointedly, it shows that the ..... entire process of execution and attestation was done at one sitting and it is legitimate to draw the inference that the attesting witnesses signed the will in the presence 5of the testatrix. it is not possible in every case to expect the attesting witnesses to repeat verbatim the language of the ..... contention that survives between the parties in the second appeal, as reflected in the substantial question of law extracted above, relates to valid attestation of the will. the requirements are set out in clause (c) of section 63 of the act. of these, the submissions which were made by mr. r.s ..... defendant in the suit and the other respondents are the other legal representatives of the deceased plaintiff. the plaintiff's claim for declaration that the will executed by her step-mother one kasi bai is not valid and is not binding on her and for consequential reliefs in respect of the .....Tag this Judgment!