deceased. There is no evidence on record that deceased
executed any testamentary document excluding the
complainant from movable and immovable property.
16. Submission of learned
order
to prove that deceased Gauri Dutt had executed any
testamentary document disinheriting Smt. Meena Devi from
his property. No reason assigned by the Insurance
record in order to prove that
deceased had executed any testamentary document. It is
proved on record that deceased died intestate and it is well
2018
contents of controversial documents should be proved by way
of affidavit of a person who has signed controversial
document ... evidence on record that deceased insured has executed any
testamentary document. Admittedly complainant No.1 is
widow of deceased insured and complainant
opinion that Hindu could
disinherit Class-I heir by way of testamentary document i.e.
WILL. There is no evidence on record in order ... prove that
deceased Rajender Sharma has executed any testamentary
document disinheriting Rahul alias Rohit by way of WILL.
State Commission is of the opinion that
2016)
Kumar Pal on the basis of testamentary document i.e. WILL and
is legally entitled for amount deposited by Shri Bimal Kumar Pal
during
notice nor filed any
written version or document.
4. The learned District Forum,
after perusal of the documents filed and after hearing the learned counsel ... Sushil Kumar Biswas, which is an
unregistered document on a stamp paper. If at all such a document was executed,
no intimation was sent
with the registrable documents of which the
Registration is compulsory and Sec 49 mandating the consequences of non-registration of the document required ... documents
required to be registered as mentioned herein are :
other
non-testamentary instruments which purport or operate to create, declare,
assign, limit or extinguish, whether
registered document. Section 17 of the Registration Act, 1908 runs as follows :-
"(a) instruments of gift of immovable property;
(b) other non-testamentary instruments
unless the nominee so required or unless the claimant produced the requisite document recognized in the proviso to Section 45ZB .
47. The entire purpose ... bank deposit cannot be elevated to the status of a testamentary disposition merely by reason of the death of the depositor prior to the receipt
