that:
"such nomination carries effect notwithstanding anything
contained in a Testamentary Disposition or nominations
made under any other law dealing with the securities ... makes the nominee's position superior to even a
testamentary disposition. The non-obstante Clause
in Section 9 .11.7 gives the nomination the effect
that:
"such nomination carries effect notwithstanding anything
contained in a Testamentary Disposition or nominations
made under any other law dealing with the securities ... makes the nominee's position superior to even a
testamentary disposition. The non-obstante Clause
in Section 9 .11.7 gives the nomination the effect
Kiran Nanavati
MPT39-2004-TS4-2005-J-F3.DOC
dispositions they contain, barring of course considerations of the
Will being unnatural ... Codicil, Bharatiben is said to have made a number of alternate
dispositions:
LEGATEE BEQUEST (in Rs)
Bhavana Shailesh Kapadia Rs.10,00,000
Shiva Shekhar
Kiran Nanavati
MPT39-2004-TS4-2005-J-F3.DOC
dispositions they contain, barring of course considerations of the
Will being unnatural ... Codicil, Bharatiben is said to have made a number of alternate
dispositions:
LEGATEE BEQUEST (in Rs)
Bhavana Shailesh Kapadia Rs.10,00,000
Shiva Shekhar
Will itself about Rajendra's reasons for the manner of his
dispositions. I have therefore answered Issue No. 3A in the negative.
I have ... that is hardly proof of lack of dispositive capacity. Beyond a certain
age, we should all expect ourselves to be frequent inmates of some
hospice
disposing state of mind, body and
understanding to make any testamentary disposition. The thumb
impression is denied as that of Nergish. The Defendants allege that ... they all seem to me to relate only to Nergish's
dispositive capacity. The burden of proof in each of these
circumstance. It cannot be entirely without heft or
consequence.
11. Every testamentary disposition disrupts the natural line of
succession.1 Wills, by their very nature ... business concern are not evidence of 'undue influence'. In
testamentary dispositions, all influence is not axiomatically 'undue'.
It must be shown
capable of being disposed of by her by will or other
testamentary disposition;
(iv) Nothing in this Chapter shall apply to a daughter
married before ... that nothing contained in this sub-section
shall affect or invalidate any disposition or alienation
including any partition or testamentary disposition of
property which
about due execution.
The second was about the testator's dispositive capacity. Again, for
the reasons that follow, I am not persuaded that ... SHAH-V-PORBANDERWALA.DOC
fully understood the dispositions he is supposed to have made, and
there is, too, evidence of his rapidly failing health
this is of some
significance because this relates directly to the dispositions in the
Will, and to which I will turn presently.
8. The Will ... signatures of the two attesting witnesses. Clauses (1) to (4) make
dispositions that are particularly related to the Testator's wife and
two sons
