Search Results Page
Search Results
1 - 10 of 10 (0.23 seconds)The Indian Succession Act, 1925
Section 59 in The Indian Succession Act, 1925 [Entire Act]
Section 63 in The Indian Succession Act, 1925 [Entire Act]
H. Venkatachala Iyengar vs B. N. Thimmajamma & Others on 13 November, 1958
....25. The law relating to suspicious circumstances
surrounding the execution of a Will is already well-settled and
it needs no reiteration. It is enough if we make a reference to
one of the recent decisions of this Court in Kavita Kanwar v.
Mrs. Pamela Mehta and Ors., AIR 2020 SC 544 where this
Court referred to almost all previous decisions right from H.
Venkatachala Iyengar v. B.N. Thimmajamma, AIR 1959 SC
Section 384 in The Indian Succession Act, 1925 [Entire Act]
Swarnalatha vs Kalavathy on 30 March, 2022
In the above said factual scenario, it would be apposite
to make reference to the judgment of Hon'ble Supreme Court in
"Swarnalatha & Others Vs. Kalavathy & Others" Law Finder Doc ID #
1962613, wherein it has been held as follows:-
Sohan Singh vs Preet Kamal Singh And Others on 5 March, 2014
35. From the above findings it is clear that the deceased
Parameshwari Devi had travelled to her village just 2-3 months prior to
her death, and therefore the conclusion of the appellate court that she
was not capable of walking alone is incorrect; as also in view of the fact
that the same is in contradiction of the testimony of the witnesses who
have stated that she was of sound mental and physical health prior to her
death. Further, the reasoning that as the attesting witnesses belonged to
a different village, it cast suspicion on the Will, is flimsy and a spurious
reasoning to say the least. Reference may be made to the judgment of
this Court in "Sohan Singh Vs. Preet Kamal Singh & Others" Law Finder
Doc ID # 732790, wherein it has been held as follows:-
Kavita Kanwar vs Mrs. Pamela Mehta on 19 May, 2020
443. But cases in which a suspicion is created are essentially
those where either the signature of the testator is disputed or
the mental capacity of the testator is questioned. This can be
seen from the fact that almost all previous decisions of this
Court referred to in Kavita Kanwar (supra) list out
circumstances, which in the context of the lack of sound and
disposing state of mind of the testator, became suspicious
circumstances. In the matter of appreciating the genuineness
21 of 26
::: Downloaded on - 24-11-2023 00:57:23 :::
Neutral Citation No:=2023:PHHC:147979
2023:PHHC:147979 Page 22 of 26
of execution of a Will, there is no place for the Court to see
whether the distribution made by the testator was fair and
equitable to all of his children. The Court does not apply
Article 14 to dispositions under a Will."
The Code of Civil Procedure, 1908
1