registration offices, namely:-
9.3.1. Book-I: Register of non-
testamentary documents
W.P.No.18660 of 2013
23
relating to immovable
property;
9.3.2. Book ... hereunder reproduced:
"15. Description in cases of
non-testamentary documents:-
(i) Whenever any non-
testamentary document presented
for registration relates to land
situate
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
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
though the 'Will' dated
4..3.1983 is not a testamentary document in the sense
that any bequeath is made thereunder ... invalid, the Will dated 4.3.19 83 is not a
testamentary document creating any interest by
succession, and the Gift of the corresponding properties
in favour
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
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
such, after the death of Kempamma, in the absence
of any testamentary document, Narayanaswamy and Sampanna will
succeed to her estate and each of them ... disputed that, Kempamma can dispose of her
property by a testamentary document as she was declared to be the
absolute owner of suit schedule item
such, after the death of Kempamma, in the absence
of any testamentary document, Narayanaswamy and Sampanna will
succeed to her estate and each of them ... disputed that, Kempamma can dispose of her
property by a testamentary document as she was declared to be the
absolute owner of suit schedule item
sister Siddalingamma
@ Rajamma, who was unmarried and not led any
testamentary document and taken note of Section
15(1)(d) of Hindu Succession ... testamentary document. Apart from that even
father also not led any testamentary document, when such
being the case and when the property belongs
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
