provides that any Hindu may dispose of by Will or other testamentary disposition, any property, which is capable of being so disposed ... status quo in regard to a property, prohibits him from making a testamentary disposition; and whether a Will made during the operation of an order
framed on the same day which have the testamentary
documents as their centrality and the same are as follows:
"1. Whether the plaintiffs prove ... disputed;
8
those who have joined issue with the validity of the
Testamentary Documents are the same parties in both the
suits, although there
affect or invalidate any disposition or alienation including any
partition or testamentary disposition of property which had taken
place before the 20th day of December ... shall
affect or invalidate any disposition or alienation including any
partition or testamentary disposition of property which had taken
place before the 20th
specifically contended in the plaint that
M.W.Gurjar had no testamentary capacity to execute the
alleged Will and defendant No.1 somehow managed ... dated
25.02.1993 is not in dispute. Since M.W.Gurjar had no
testamentary capacity to create any Will at that time, the
same was disputed
deceased in the
Mitakshara coparcenary property shall devolve by
38
testamentary or intestate succession, as the case may
be, under this ... shall affect or invalidate any disposition
or alienation including any partition or
testamentary disposition of property which had
taken place before the 20th
interest
of the deceased in the Mitakshara coparcenary
property shall devolve by testamentary or intestate
succession, as the case may be, under ... proviso, by
intestate succession under the Act and not by
survivorship. Testamentary succession is out of
question as the deceased had not made a
testamentary
parties to this appeal succeed to the
schedule property by way of testamentary succession or
under the general law of succession under the provisions ... filed detailed
objections, the original P & SC petition was converted into
testamentary Original Suit No.7558/1999
parties to this appeal succeed to the
schedule property by way of testamentary succession or
under the general law of succession under the provisions ... filed detailed
objections, the original P & SC petition was converted into
testamentary Original Suit No.7558/1999
Will dated 04.04.2005,
under which Devaraj is alleged to have made a
testamentary disposition bequeathing item No.2 of the suit
schedule properties in favour ... affidavits purportedly
executed by the plaintiff and defendant No.1
acknowledging the testamentary arrangement made by
late Devaraj.
7. However, the Trial Court, upon appreciation
Will dated 04.04.2005,
under which Devaraj is alleged to have made a
testamentary disposition bequeathing item No.2 of the suit
schedule properties in favour ... affidavits purportedly
executed by the plaintiff and defendant No.1
acknowledging the testamentary arrangement made by
late Devaraj.
7. However, the Trial Court, upon appreciation
