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1 - 10 of 25 (0.30 seconds)Section 234 in The Indian Succession Act, 1925 [Entire Act]
Section 70 in The Indian Succession Act, 1925 [Entire Act]
The Indian Succession Act, 1925
H. Venkatachala Iyengar vs B. N. Thimmajamma & Others on 13 November, 1958
Referring, inter alia, to its earlier
decision of case titled H. Venkatachala Iyengar Vs. B.N.
Thimmajamma & Ors (Supra) the Hon'ble Supreme court
has held as follows:-
Section 63 in The Indian Succession Act, 1925 [Entire Act]
The Hindu Succession Act, 1956
Shashi Kumar Banerjee & Ors vs Subodh Kumar Banerjee Since Deceased & ... on 13 September, 1963
xi. Suspicious circumstances must be 'real'
germane and valid' and not merely 'the fantasy
of the doubting mind'. Whether a particular
feature would qualify as 'suspicious' would
depend on the facts and circumstances of each
case. Any circumstances raising suspicion
legitimate in nature would quality as a
suspicious circumstances for example, a shaky
signature, a feeble mind, an unfair and unjust
PC No 27/2020 Nirmala & Ors Vs State & Ors. Page 21/36
disposition of property, the propounder himself
taking a leading part in the making of the Will
under which he receives a substantial benefit,
etc.
(58) In Shashi Kumar Banerjee vs. Subodh Kumar
Banerjee, AIR 1964, SC 529, a Constitution Bench of
the Hon'ble Supreme Court of India had the occasion to
rule on the principles governing mode of proof of a Will
before a probate court.
Hari Singh & Anr. vs The State & Anr. on 3 December, 2010
( emphasis supplied)
(59) In Hari Singh & Anr. Vs State & Anr. 176 (2011)
DLT 199 (DB), the Hon'ble High Court of Delhi made
reference to FAO No. 874/2003 dated 21.11.2007
titled Jagdish Lal Bhatia vs Madan Lal Bhatia which dealt
with the legal burden of proof when a Will is propounded
and also spelt as to what would constitute suspicious
circumstances and what form of affirmative proof should
be sought by the court to satisfy the judicial conscience
that the document propounded is the last, legal and valid
testament of the testator. These are as under:
Jagdish Lal Bhatia And Ors. vs Madan Lal Bhatia And Anr. on 21 November, 2007
( emphasis supplied)
(59) In Hari Singh & Anr. Vs State & Anr. 176 (2011)
DLT 199 (DB), the Hon'ble High Court of Delhi made
reference to FAO No. 874/2003 dated 21.11.2007
titled Jagdish Lal Bhatia vs Madan Lal Bhatia which dealt
with the legal burden of proof when a Will is propounded
and also spelt as to what would constitute suspicious
circumstances and what form of affirmative proof should
be sought by the court to satisfy the judicial conscience
that the document propounded is the last, legal and valid
testament of the testator. These are as under: