provides for
the compulsory registration of non-testamentary
documents. Section 49 of the Act 1908 speaks of
the admissibility of the document not registered ... Description of property and maps or plans.- (l) No non-
testamentary document relating to immovable property shall be
accepted for registration unless it contains
plaintiffs
that she died intestate and not executed any testamentary
document and any transaction made in favour of any other
defendants is not binding ... produced
before the Court and the propositus has not executed any
testamentary document, the Trial Court has not committed any
error, since the plaintiffs
Commissioner for scientific inquiry and handwriting analysis of the
testamentary document being the subject matter of the instant suit made
under the provisions of Rule ... genuineness of the signatures of the deceased in the testamentary
document dated 3rd November, 2019 and has obtained a report on 12th
June, 2023 which
proof that the Testator had mental capacity to
execute a testamentary document/Will.
29
C) If the Will is attacked tainting it to be executed ... proof whether the Testator had mental capacity
to execute a testamentary document/Will.
40
i) It is the duty of the propounder of the Will
Section
21(1) of the Registration Act says that no non-testamentary document
relating to immovable property shall be accepted for registration unless it
contains ... Description of property and maps or plans.—
(1) No non-testamentary document relating to immovable
property shall be accepted for registration unless it
contains
society to a person or persons on
the basis of testamentary documents or succession
certificate or legal heirship certificate or document of family
arrangement executed ... shares in accordance
with succession law or under will or testamentary document
are admitted as Member in place of such deceased Member :
Provided further that
legal heir of the father and when
there is no any testamentary document in favour of defendant
No.2, the plaintiff is also entitled ... herein. But the fact is that
father did not execute any testamentary document in favour of
either the plaintiff or in favour of the second
said Irappa also died without executing any
testamentary document and hence all the daughters
and sons are entitled for equal share in the suit
schedule ... died intestate and had not made any
testamentary documents during their life time. He
vehemently contends that the Trial Court has committed
an error
Suit Property and hence, in the absence of any
testamentary documents concerning 2nd Schedule of the Suit Property, the
First Appellate Court after upholding ... respondent would make it
clear that the said testamentary document was executed only in respect of 1 st
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plaintiff have neither tendered in evidence nor proved any
testamentary document having been executed by the plaintiff late
Smt. Munni Devi in favour ... plaintiff have not adduced any evidence qua the
execution of any testamentary document left behind by the
deceased plaintiff , late Sh. Munni Devi in favour
