whereas defendant no.2 (Suresh Chaudhary) has set up a Will (testamentary
document) dated 21.02.1989 executed by late Chaudhary Roop Chand
bequeathing his agricultural land ... favour of defendant no.2 Suresh
Chaudhary.
To prove the Will (testamentary document), one attesting
witness, namely, Naresh Batra has been examined as DW5. Learned
questions of law arise in the present case:-
(1) Whether a testamentary document, duly proved on
the file in accordance with Section ... document). Will
(testamentary document) is a solemn document executed by a person who is
no more in the world. Such document can not be ignored
Hiralal's branch not referring to any Will or testamentary document executed by Hiralal
or by Bela Auddy.
Now to the branch of Chunilal ... members
of the relevant branch that no Will or other testamentary document was executed either
by Pannalal or by Anjusree.
Jaharlal, the youngest
case of plaintiff or defendant that deceased
Shivaram died leaving any testamentary document and
either of them are claiming through such a testamentary
document ... absence of any proof of testamentary
27 OS.4645/2013
document, the property held by a male Hindu died
intestate shall devolve upon Class
ground that he is also a witness to the testamentary
documents executed by respondent No.5 i.e. Will as such he
should have recluse
Commissioner Of Income Tax -I Aayakar ... vs M/S Carlton Hotel Pvt Ltd. Rana Pratap
were executed unilaterally by the executants and those documents
were registered by the Registering Authorities. The documents fall under
two categories of cases; one category ... Sections 32 and
40)
(c) that if it is a non-testamentary document and relates to.
immovable property, it contains a description of property sufficient
declaratory reliefs qua
properties can be granted on the strength of testamentary documents and the
remedy is to seek probate.
9. Section ... will and the codicil
propounded. If in conformity with the two testamentary documents, would
be evidenced of the parties accepting the same and coupled with
bequeathed in their favour under a "Will" (registered)-a
testamentary document dated 22.08.1994.
Learned trial Court after appreciating the evidence available ... justified in ignoring the
registered "Will"-a testamentary document unless there are strong
suspicious circumstances which create doubt in the mind
believed. If it is,
and neither saw the testator sign the testamentary document but, at
best, received only a telephonic confirmation, and neither signed ... where an attesting witness
denies or does not recollect execution of the document, its
execution may be proved by other evidence. Neither Mr Makhija
