therefore, mandatory requirement of clause (c) to Section 63
of the Indian Succession Act was not satisfied. The trial court
Civil Appeal arising ... Wills under the Indian Succession Act and the Evidence Act.
Clause (c) of Section 63 of the Indian Succession Act reads as
follows:
“63. Execution
Succession Act where the learned author,
after quoting the present Section 63 , states in italics the difference
between Section 50 of the old Succession Act ... Section 68 of the Indian
Evidence Act, coupled with the provisions of Section 63(c) of the Indian
Succession Act. The attestation required was also
accordance with Section 63 of The Indian Succession Act and Section 68 of The Indian Evidence Act. Even though the trial Court did not conclude ... case of a Will by Section 63 of the Indian Succession Act, 1925. The onus to prove the Will is on the propounder
Section 63 of Indian Succession Act and Section 68 of Indian Evidence Act.
16(xiv) Section 63 of Indian Succession Act, 1925, provides that ... Indian Succession Act and Section 3 of Transfer of Property Act, provides, what is "attestation".
16(xx) Section 63 of Indian Succession Act
Faudi Bai in accordance with Section 63(C) of the Indian
Succession Act, 1925?
2. Whether the First Appellate Court is justified in
2
affirming ... accordance with law i.e. Section 63(c) of the Indian Succession Act,
1925 read with Section 68 of the Evidence Act, 1872 and even
satisfied the requirement of Section 63 of Indian Evidence Act
and 68 of Indian Succession Act as discussed supra also assumes
significance ... under the
provisions of Sections 68 of the Indian Evidence Act and 63 of the Indian
Succession Act and hence, the first substantial question
Christian by Community
succeeded and inherited the schedule property under the
Indian Succession Act . He has got 1/3rd share in the schedule
property ... share in the schedule property by way of
succession under Indian Succession Act and the Will has
created disinheritance and therefore, the defendants are
required
conscientiously
adjudicate upon the present petition under section 276 of the
Indian Succession Act, 1925 (hereinafter called the 'Act'),
whereby which a probate ... specific procedure for the same.
19. Section 63 (C) of The Indian Succession Act,1925 requires
that Will shall be attested by two or more
Dismissed.
PETITION UNDER SECTION 276 READ WITH
SECTION 372 OF THE INDIAN SUCCESSION ACT FOR
GRANT OF PROBATE/LETTER OF ADMINISTRATION
IN RESPECT ... petitioners herein, under Section 276
read with Section 372 of the Indian Succession Act to obtain
probate / letters of administration in respect of the Will
Judgment : 27.08.2014.
Date of Judgment : 06.09.2014.
PETITION UNDED SECTION 276 OF
INDIAN SUCCESSION ACT FOR GRANT OF THE
PROBATE OF WILL DATED 22.5.2003.
JUDGMENT ... Will within the meaning of
Section 2(h) of the Indian Succession Act 1925. In support, he relies
on judgments in Smt. Leela Karwal
