This burden placed on the propounder would be discharged by
proof of testamentary capacity and proof of the signatures of the
testator. The burden then ... testator" are
concerned, the same neither impeaches the veracity of a
testamentary instrument nor partake of suspicious character;
both are legally axiomatic and their
appellant/plaintiff in her
evidence has deposed anything about the testamentary capacity
of the mother the reply given is in the negative;
(ix). on further ... pleading of the
appellant/plaintiff regarding the mother having no testamentary
capacity, the reply again is in the negative;
(x). attention is invited
left unaffected the other jurisdiction of the Courts such as the testamentary and intestate jurisdiction and sought to distinguish the afforesaid decisions.
(20) It appears ... matters of the said value including matters in which the testamentary and intestate jurisdiction is invoked, so as to divest the District Judge of jurisdiction
suit
property to the plaintiffs in CS(OS) No.1588/2007.
4. Testamentary case no.23/2007 has been filed on account
of death ... Mohan Lal Anand, who as per the petitioner in this
testamentary case Sh. Naresh Chander Anand, left behind his Will
dated 9.3.2005 whereby the deceased
however, alleges that
the wills which are the subject matter of two testamentary proceedings in this court, are
forged, and unenforceable. He claims that ... first five trustee defendants were deliberately omitted and not impleaded
in any testamentary proceeding, pending in this court. It is urged, in addition that
though
joint
executors Anil Dip Singh Kalsi and Jasdeep Singh Kalsi. The
Testamentary Case No.57/2009 was filed by Anil Dip Singh
Kalsi, who sought ... 2007, the objections were filed by Anil Dip Singh Kalsi
(petitioner in Testamentary Case No.57/2009). The learned
District Judge decide the issue
RAJIV SHAKDHER
RAJIV SHAKDHER, J.:
Preface: -
1. The captioned suits and the testamentary case are inter-related and
involve members of the family ... Arun Prasada, he instituted the third proceeding which is the testamentary
case no. 23/2014 [hereafter referred to as the "testamentary case
from filing her objections at
the relevant point in time in the testamentary action.
(ii) Since, the respondent along with his wife had sold half ... interest of the appellant in the
aforementioned property, had vitiated the testamentary action, as no notice
was issued to the appellant at the relevant point
Disputes are between siblings of late Smt.
Sheelawati Grover. First case is Testamentary Case 38/2000 filed by
Sh. Surinder Kumar Grover ... siblings being the other sons and
daughters of late Smt. Sheelawati Grover. Testamentary case 38/2000
filed by Sh. Surinder Kumar Grover is with respect
suit property. This first aspect is relevant because
admittedly a probate petition/testamentary case has been filed by respondent
no.1/plaintiff qua the Will ... father of Sh. Anil Jain have also filed objections in this
probate/testamentary case disputing the Will dated 6.12.2007.
(iii) The second aspect
