therein
(item No. 1 of the plaint schedule) discloses a testamentary disposition or
a settlement creating vested rights in favour of the plaintiffs and
defendant ... exhibit A1
is concerned, the same has the characteristics of a testamentary
disposition, therefore not available for partition. The court held that B3
sale deed
XXXIX of 1925), and, that the passage quoted above shows the testamentary wishes of the deceased and is a clear indication of the intention ... none other, The Court is in no case justified in adding to testamentary dispositions ..... in all cases it must loyally carry
out the will
corrected
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY SUIT NO. 65 OF 2009
IN
PETITION ... 22nd December, 2019
PRONOUNCED ON : 2nd May, 2019
JUDGMENT :
1. By Testamentary Petition No.696 of 2008 which is
converted into the Testamentary Suit
court below upholding the opposition of the 1st defendant that
there was testamentary succession over the properties under
Ext.B9 Will. Aggrieved ... defendant, in his
written statement, asserting that there was a testamentary
succession over the properties of late P.L.Asher under Ext.B9
Will
affect or invalidate any disposition or alienation including any partition or testamentary disposition of property, which had taken place before the cut-off date. There ... shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property, which had taken place before the 20th of December
affect or invalidate any disposition or alienation including any
partition or testamentary disposition of property which had taken
place before the 20th day of December ... shall
affect or invalidate any disposition or alienation including any
partition or testamentary disposition of property which had taken
place before the 20th
plaintiffs and a Will which is the subject matter of the
Testamentary Case, being Test. Case No.33/1999. Allegedly also, all
the aforesaid documents ... came to be registered as
CS(OS) 694/2005.
(ii) Next, a testamentary case bearing Probate Case No.145 of 1999
was filed by Prabha
that if there has
been no disposition or alienation including partition or testamentary
disposition having taken place before 20/12/2004, the daughter ... shall affect or invalidate any disposition or
alienation including any partition or testamentary
disposition of property which had taken place
before the 20th
undivided share in Mitakshara joint family
property by Will or any testamentary disposition i.e.
by virtue of law. The said provision reads thus:
Section ... Testamentary succession : Any Hindu may
dispose of by Will or other testamentary disposition any
property, which is capable of being so disposed
shall affect
or invalidate any disposition or alienation
including any partition or testamentary
disposition of the property which had taken place
before ... adding a proviso that any
disposition or alienation, if there be any
testamentary disposition of the property or
partition which has taken place before
