heir from succession
is by the way of a testamentary Will or any other testamentary documents.
He submits that any settlement during the lifetime ... Stock Holding Corporation of India Limited
(SHCIL) and not a testamentary document evidencing propounding of a
'Will', with specificity. The said Nomination Form
registration process,
the registering authority shall not accept a non-testamentary document in
the absence of description of property sufficient to identify the same ... recital of the document and how parties to the document understood it
and acted after execution of the document.
37.The difficulty for the Registrar
respect of any immovable property unless and until created by
non-testamentary document which could be in writing and signed by the
author ... unless the settlers or trustees have made the trust
by non-testamentary document or settler by way of Will or by way of
testamentary document
share in the suit property. Her father has not left any
testamentary document in respect of his share and as such
his share needs ... petition pleadings, he
died on 18.08.2006 and without any testamentary document
which, as can be gathered from the petition averments and
the affidavit filed
will be carried out
on basis of succession by ignoring disputed
testamentary document and in case of non-testamentary
registered title documents, by giving effect ... registered title
document and if any party disputes that registered non-testamentary title
document, then the party has to approach the Civil Court
will be carried out on basis of
succession by ignoring disputed testamentary document and
in case of non-testamentary registered title documents, by
giving effect ... authorities are therefore under obligation to give effect
to registered non-testamentary documents and hence in the considered
opinion of this Court unless the petitioner
complicated questions of title of the parties
and such registered non-testamentary documents are required to be adjudicated by
the Civil Court only, to decide ... will be carried
out on basis of succession by ignoring disputed testamentary document
and in case of non-testamentary registered title documents, by giving
effect
complicated questions of title of the parties
and such registered non-testamentary documents are required to be adjudicated by
the Civil Court only, to decide ... will be carried
out on basis of succession by ignoring disputed testamentary document
and in case of non-testamentary registered title documents, by giving
effect
complete
Will, but only a part of the alleged testamentary document. According to
the petitioner, a Will must be produced and proved in its entirety ... petitioner
and would defeat the settled principles governing proof of testamentary
documents. Hence, he prays for appropriate orders.
5.Per contra, the learned counsel
parties is that the applicant
asserts that this is a testamentary document which supports her claim
and that she was married to the deceased ... dispose of the same by testamentary disposition.
The case before us can be distinguishable and the testamentary
documents relied by court and the XXXIV Additional
