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Showing posts with label suspicious circumstance. Show all posts
Showing posts with label suspicious circumstance. Show all posts
Wednesday, 1 May 2024

Supreme Court: Appellate court should remand the case when the factual findings of Trial Court are reversed and a re-trial is considered necessary

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  Such cases where retrial is considered necessary because of any particular reason and more particularly for the reason that adequate oppor...

Whether the appellate court should remand a case because the trial court has not properly appreciated the evidence?

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 A conjoint reading of Rules 23, 23A and 24 of Order XLI brings forth the scope as also contours of the powers of remand that when the avail...
Friday, 9 September 2022

When Subsequent unregistered will prevail over registered will?

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The learned Single Judge then enumerated the following reasons for coming to the conclusion that the execution of Will dated 10.2.1992 was s...
Monday, 25 May 2020

Whether Unfair Disposition Or Unjust Exclusion Of Legal Heirs In A Will Can Be Regarded As A Suspicious Circumstance?

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 In the given set-up, a basic question immediately crops up as to what could be the reason for the testatrix being desirous of providin...
Saturday, 16 June 2018

Precaution to be taken by court while upholding claim of adoption of child

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 At this juncture it would be necessary to observe the law laid down by this Court in numerous cases that t he burden of proving adopti...
Sunday, 12 November 2017

Whether execution of will is validly proved if testator was on death bed at time of execution of will deed?

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Ex. P/4 discloses that Srimati Mooli Swarnkar attended the school as a teacher up to 1.10.2001, and thereafter she remained on medical ...
Monday, 29 May 2017

Whether it is necessary to remove suspicious circumstances for proof of family settlement?

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 The presence of PW-4-Harbans Singh at the time of execution of the family settlement (Ex.P-1) is not believable. He has deposed th...
Thursday, 11 May 2017

Whether it is mandatory for court to draw presumption U/S 90 of Evidence Act?

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The learned counsel for appellants tried to use section 90 of the Evidence Act in support of his submissions. Section 90 of the Evidence...
Tuesday, 9 May 2017

Whether principles applicable for proof of will is applicable for proof of gift deed?

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 Gift­deed at Exhibit­92 is a registered document and was executed   by   Damduji   in   respect   of   his   self   acquired   property...
Tuesday, 11 April 2017

Whether active participation by beneficiary of will in execution of will amounts to suspicious circumstance?

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 It is settled by a catena of decisions that any and every circumstance is not a suspicious circumstance. Even in a case where active part...

Whether natural heirs are excluded is suspicious circumstance invaliding will?

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Mr. Narsimha, learned counsel for the respondents, submitted that the natural heirs were excluded and legally wedded wife was given a less...
Sunday, 26 February 2017

Landmark Judgment on suspicious circumstances surrounding execution of will

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(a) In cases where the execution.of a will is shrouded i.n. suspicion its proof ceases to be a simple lis between ...

What will not be suspicious circumstance surrounding execution of will?

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This Court has held that the mode of proving a will does not ordinarily differ from that of proving any other document except to the spe...
Saturday, 25 February 2017

Whether valid will can be dislodged on ground that particular heir was excluded?

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Every testamentary disposition disrupts the natural line of succession.1 Wills, by their very nature, usually result in the reduction or ...
Sunday, 11 December 2016

Whether test of suspicious circumstances can be applied to question validity of gift deed?

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Gift­deed at Exhibit­92 is a registered document and was executed   by   Damduji   in   respect   of   his   self   acquired   property....
Tuesday, 22 November 2016

How to appreciate evidence for grant of probate if there are suspicious circumstances?

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 Where suspicious circumstances are present, they do not ipso facto preclude the grant of Probate. The Plaintiff must be given an op...
Sunday, 6 November 2016

Whether execution of will can be doubted on ground that it was executed in different language?

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It has always been the Plaintiff’s case that the Testator could communicate in English, and did so reasonably well. It is nobody’s case...

How to ascertain suspicious circumstances while proving execution of will?

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It is true that it is for the propounder of a Will to remove all suspicious circumstances, but these circumstances must either appear fro...

Supreme Court: Golden rules for appreciation of evidence in case of will

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There is a long line of decisions bearing on the nature and standard of evidence required to prove a will. Those decisions have been rev...

Whether court can grant probate of will if there are suspicious circumstances?

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Where suspicious circumstances are present, they do not ipso facto preclude the grant of Probate. The Plaintiff must be given an opport...