Will and on going through the Will, she had found that the bequest made under the Will was not favourable to her and, therefore ... four pages consisting of typed matter. Broadly speaking the bequests made under the Will are that the testator had bequeathed the house at
Machilipatnam
valid document since the other heirs did not consent for the bequest after the death of the testator as per the Mohamedan Law. He would ... only one-third can be disposed of by the Will. Whether the bequests exceeding the bequeathable third, will take effect without the consent
contentions raised by the Assistant Controller was that a bequest to a heir is not valid unless the other heirs consent to the bequest after ... third of the estate he was holding before his death. A bequest may be revoked either expressly or by implication. , Revocation is express when
doubtful. The High Court noticed as
well the circumstances attendant on the bequest to render it doubtful in
view of the suspicious bearing thereof ... state of mind of the testator, understanding of the
implication of the bequest, admission of execution thereof by him/her and
due attestation thereof
surplus of his estate after payment of funeral expenses and debts. Bequests in excess of the legal third cannot take effect, unless the heirs consent ... will' or 'wasiyat' is a divine institution.
63. A bequest in favour of an heir is invalid unless the other heirs consent
schedule and
under the bequest made in Ext.B9 Will, after the death of the
aforesaid partner, his rights thereof devolved upon ... below rested on the
genuineness of Ext.B9 Will, in which, bequests have been made
not only to the parties to the suit
document registered as the last Will of the testator shows
the bequest of the built up structure comprising of two bed rooms, one
living ... held to be a suspicious
circumstance especially in a case where the bequest has
been made in favour of an offspring. As held
Bhargava and O. C. Tandon were declared to be the trustees. This bequest was, however. made subject to the payment of 50 per cent ... Sections 75 and 105 of the Indian Succession Act alleging that: the bequest in respect of business of "Taxation" was void inasmuch
Ceiling Act, while dealing with certain transfers or bequests, are the subject-matter within item 5 or item 6 of List IIII? Certainly item ... best be said to deal with transfers or bequests of agricultural land, but that too it is not possible
to hold by dissecting the various
doubtful. The High Court
noticed as well the circumstances attendant on the
bequest to render it doubtful in view of the suspicious
bearing thereof ... state of mind of the testator, understanding of
the implication of the bequest, admission of execution
thereof by him/her and due attestation thereof
