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1 - 5 of 5 (0.60 seconds)Section 63 in The Indian Succession Act, 1925 [Entire Act]
Jaswant Kaur vs Amrit Kaur & Ors on 25 October, 1976
In Jaswant Kaur v. Amrit Kaur, AIR 1977 SC 74, it was held that in cases where the execution of a will is shrouded in suspicion, its proof ceases to be a simple lis between the plaintiff and the defendant. What generally, is an adversary proceeding becomes in such cases a matter of the Court's conscience and then the true question which arises for consideration is whether the evidence led by the propounder of the will is such as to satisfy the conscience of the court that the will was duly executed by the testator. It is impossible to reach such satisfaction unless the party which sets up the will offers a cogent and convincing explanation of the suspicious circumstances surrounding that the making of will.
Ittoop Varghese vs Poulose And Ors. on 31 July, 1974
In support of this submission, he drew my attention to Ittoop Varghese v. Poulose and Ors. AIR 1975 Kerala 141.
Lal Singh vs Nand Kaur And Ors. on 25 November, 1991
In support of this submission, learned counsel drew my attention of Lal Singh v. Nand Kaur and Ors., (1993-3)105 PLR 183, where it was held that scribe of the will cannot be said to be an attesting witness when he did not say that he knew the testatrix.
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