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1 - 10 of 10 (0.29 seconds)The Code of Civil Procedure, 1908
Shantamma W/O Nagappa Tavaragondi vs Bhavanevva W/O Mallappa Tavaragondi on 23 February, 2018
Smt.Shantamma and others vs. Bhavanevva and
others4 in support of his submission that the delay in
the appellant initiating probate proceedings or seeking
mutation based on the Will dated 15.11.2001 would not
be fatal.
Kavita Kanwar vs Mrs. Pamela Mehta on 19 May, 2020
22. The Hon'ble Supreme Court in the recent
decision in Kavita Kanwar vs. Pamela Mehta and
others5 has reiterated principles that govern the
adjudication of disputes concerning proof of a Will
referring to its decision in Shivakumar vs.
Sharanabasappa decided on 24.04.2020. The principles
emphasized reads as follows:
Shivakumar vs Sharanabasappa on 24 April, 2020
22. The Hon'ble Supreme Court in the recent
decision in Kavita Kanwar vs. Pamela Mehta and
others5 has reiterated principles that govern the
adjudication of disputes concerning proof of a Will
referring to its decision in Shivakumar vs.
Sharanabasappa decided on 24.04.2020. The principles
emphasized reads as follows:
Section 68 in The Indian Evidence Act, 1872 [Entire Act]
Section 63 in The Indian Succession Act, 1925 [Entire Act]
J T Surappa S/O Late J S Thimmappaiah vs Sri Satchidhananadendra Saraswathi ... on 16 April, 2008
10. The probate Court considering the evidence
on record in the light of decision of this Court in
J.T.Surappa and another vs.
Sri.Satchidhananadendra Saraswathi Swamiji
Public Charitable Trust and others2, a judgment by
the Single Judge of this Court and a Division Bench
judgment of this Court in Virupakshappa
Malleshappa Sanklapure and others vs.
Smt.Akkamahadevi and others3 has concluded that
though the appellant has established the due execution
of the Will dated 15.11.2001, he is not able to explain
suspicious circumstances surrounding the execution of
the Will. The Probate Court in arriving at this
conclusion has tested the appellant's case as against
the five tests which are as follows:
Section 276 in The Indian Succession Act, 1925 [Entire Act]
Virupakshappa Malleshappa Sanklapur ... vs Akkamahadevi And Ors. on 15 October, 2001
10. The probate Court considering the evidence
on record in the light of decision of this Court in
J.T.Surappa and another vs.
Sri.Satchidhananadendra Saraswathi Swamiji
Public Charitable Trust and others2, a judgment by
the Single Judge of this Court and a Division Bench
judgment of this Court in Virupakshappa
Malleshappa Sanklapure and others vs.
Smt.Akkamahadevi and others3 has concluded that
though the appellant has established the due execution
of the Will dated 15.11.2001, he is not able to explain
suspicious circumstances surrounding the execution of
the Will. The Probate Court in arriving at this
conclusion has tested the appellant's case as against
the five tests which are as follows:
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