Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Latest Judgments

Tuesday, October 01, 2013
Will

Will—Merely because the will was more than 30 years old, a presumption under Section 90 of the Indian Evidence Act, 1872, held, cannot be drawn that the document has been duly executed and attested by the persons by whom it purports to have been executed and attested—A will has to be proved in terms of Section 63 (c) of the Succession Act read with Section 68 of the Evidence Act—Succession Act, 1925, Sections 63(c)—Evidence Act, 1872, 68 and 90.

 
Evidence Act, 1872

Evidence Act, 1872—Section 90 r/w 68—Succession Act, 1925, Sections 63(c)—A presumption regarding documents 30 years old does not apply to a will—A will has to be proved in terms of Section 63 (c) of the Succession Act read with Section 68 of the Evidence Act.

 
Will

Will—Discrepancies in the evidence of attesting witness—Attesting witness giving his deposition some 35 years subsequent to the execution of the will—Credence cannot be given to minor discrepancies.

 
Will

Will—Suspicious circumstances—Production and reliance on the will, some 35 years subsequent to its execution, held, by itself is not a suspicious circumstance.

 
Civil Procedure Code, 1908

Civil Procedure Code, 1908—Section 100—Second Appeal—Construction of a document of title or of a document which is the foundation of the rights of parties, necessarily raises a question of law—Chunilal Mehta Vs. Century Spinning and Manufacturing Company AIR 1962 SC 1314 relied.

 
Civil Procedure Code, 1908

Civil Procedure Code, 1908—Section 100—Second Appeal—Substantial question of law—Whether a particular question is a substantial question of law or not, depends on the facts and circumstances of each case—Santosh Hazari Vs. Purushottam Tiwari 2001 (3) SCC 179 relied.

 
Will

Will—When the execution of the will and construction thereof was the subject matter of consideration, the framing of the question of law cannot be faulted—Civil Procedure Code, 1908, Section 100.

 
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