...revision, Niharbala Sengupta died and her other son Mridul Sengupta was substituted in her place on the basis of an alleged will executed by her prior to her death in favour of Mridul Sengupta. The will expressly dealt with the amount which she was entitled to receive as a consequence of the grant of a succession certificate. Pushpal Sengupta did not challenge the.... Therefore, the position that emerged was that the Court must presume for the purpose of this revision that the will is validly executed in favour of Mridul Sengupta.11. In the...?IV. Whether it was proper for the High Court to rely upon a forged and fabricated will which was not even signed by Niharbala?V. Whether it was proper for the High...

...he had a right to challenge the Will. The present petitioner is a step-son of the said Satyabamabai. In Section 15 of...1. This petition is for revocation of the probate granted on 19th May, 1981. This concerns the estate of Satyabamabai Deonath Samel. She had made a Will on 23rd April, 1971. She died on...10th May, 1975. On 18th June, 1977 her son (Sadashiv) filed Petition No. 623 of 1977 for obtaining probate. On 19th May, 1981 the probate was granted. Thereafter the present petition has been filed for...

...of her client, does not invite any reasoned order in these matters and rather requesting this Court to allow the petitioners to withdraw these petitions with liberty to challenge the Will in...for the respective parties, permission as sought for is hereby granted. 6. It is open for the petitioners to challenge the Will in question before any Court and/or Authority, as the...Authority. 4. Per contra, Mr. Pandya, learned advocate for the respondent No.1, has no objection if such request will be accepted. 5. Having heard learned advocates...

...trial court dismissed the application primarily after coming to the conclusion that the plaintiff did not challenge the Will specifically and it was her duty to challenge the Will in a court of...she is estopped from giving any evidence at this stage by her own act and conduct without challenging the genuineness of the Will. It also observed that issues in the case were framed in May 1990 and the plaintiff availed more than seven opportunities for her evidence but she never tried to challenge the...H. Venkatachala lyengar v. B.N Thimmajamma, AIR 1959 SC 443. Once the onus to prove the Will is on the defendant, the plaintif is certainly entitled to lead evidence in rebuttal. The approach of the trial court that it was for the plaintiff to challenge the...

...time of alleged “will”. He was hard of hearing. In view of this development, they sought amendment to the plaint in order to specifically challenge the “will” No. 200 dated 3.6.2005 executed in favour...bighas and 8-13-14 bighas.6. Since the plaintiffs have been disinherited from the property on the basis of “will” dated 3.6.2005, the amendment of plaint was necessary to challenge the “will” specifically.... As a matter of fact, the defendants have also admitted the execution of the “will” No. 200 dated 3.6.2005 The specific challenge to the “will” dated 3.6.2005 is necessary to...

...in the mouth of the learned counsel appearing for those six persons. We think that this was an undesirable way of looking into the matter because but for the Will dated 6-2-1989, the father of the parties was not a natural heir to the estate of Smt Sheelawati, legator. Natural heir to her estate were her three sons and four daughters. The six left-out heirs had thus a right of their own to put to challenge the.... Allegedly, she had a property which was tenanted with one Naval Kishore Jain. It is stated that on 6-2-1989, she made a Will in favour of her husband bequeathing the tenanted property to him absolutely.... It also transpires that on 10-5-1989, she made another Will in respect of the same property in favour of Surinder Kumar, one of her sons, to the exclusion of her husband and her other two sons and four...

...maintainable and the trial court simultaneously by the impugned order has allowed the plaintiff/respondent no. 1 to challenge the Will dated 7.2.1971 executed by Sh. Ram Chand Ahuja in favour of his...the plaint disputes that his mother Smt. Talian Bai had become the exclusive owner of the property in terms of the Will dated 7.2.1971 of Sh. Ram Chand Ahuja, but the respondent no. 1.plaintiff in the plaint did not challenge the...impugned order deciding the preliminary issue against the respondent no. 1.plaintiff and permitting the respondent no. 1.plaintiff to amend the plaint to challenge the Will dated 7.2.1971 of late Sh. Ram...

..., that the defendants 1 and 5 claimed right through the Will of their father Gopalan, it has become necessary for the respondents / plaintiffs to challenge the Will. Therefore, the amendment petition was...proposed amendment cannot be permitted. If at all, the respondents want to challenge the Will, they have to withdraw the suit and file a fresh suit. It is also claimed that, yet another suit was filed... 7. The defendants filed by the written statement. As already narrated, the claim in the written statement filed by the defendants is that, Gopalan had executed the Will on 19.07.2002 bequeathed his property to Baskaran and Seenuvasan. The respondents are not aware of the existence of the said Will. When the petitioners claim right to the entire property through the Will, it is absolutely necessary for the respondents to challenge the...

...that the Will was not established in terms of Section 68 of the Evidence Act. 1 defendant Joginder Singh was not called upon to challenge the...circumstances, 1 defendant cannot now turn around and challenge the Will admitted by him. But as per Section 68 of the Evidence...over the suit property and projected the Will dated 21.3.1988 executed by his father Harbans Singh in favour of 2nd defendant Amandeep Singh and 3rd defendant Parvinder Singh, who are his sons and 5th...

...from the one in a title suit. If the premises was let out by a person and after his death, the premises has come in the hands of beneficiary under a Will, the tenant has no right to challenge the title...possession after death of the original owner without demur and without raising an objection against the person, who claims to have inherited the property under the Will, he later on cannot challenge the...ownership of such a person. It is not the domain of the tenant to challenge the Will of the deceased landlord. If a landlord is able to show that there is a testament in his/her favour, he/she is...

...pleadings leaned counsel has stated that the plaintiff did not specifically challenge the will in her plaint. Once the plaintiff did not challenge the will which was relied upon by the appellant, the...with the other legal representatives. The appellant disputed the averments made in the plaint by placing reliance on a registered will dated 14.06.1996 as per which the mother of the parties had made...movable property was to go the daughters of the appellant. The trial court dismissed the suit and, as mentioned above, the learned Lower Appellate Court held that the will was surrounded by suspicious...

...seeking amendment in the plaint and now want to challenge the Will executed by Sadhu Singh on 26.11.2013. It was pleaded that a mutation was entered in the revenue record during the pendency of the...2017. The mutation on the basis of the Will was entered in the revenue record on 23.2.2017. No reference of the Will was made in the written statement. The plaintiffs thereafter moved an application seeking permission to amend the plaint and also challenge the...the petitioner was asked to inform whether they had referred to the Will in the written statement. Counsel for the petitioner today states that the Will was not referred to in the written statement but...

...Challenge in the present appeal has been directed against concurrent findings recorded by the Courts whereby suit for declaration to challenge the Will dated 18.4.1994 and revenue...entries on the basis of the Will being illegal, null and void and not binding on right of the appellant/plaintiff was dismissed by the trial Court vide judgment and decree dated 17.02.2011 that came to be...along with joint possession on the basis of natural succession to Sh. Baj Singh, his father who died on 27.06.1995. The Will dated 18.04.1994 is in favour of defendants No.2 to 5, brothers of the...

...exparte. Thereafter, respondent No. 1 filed an application for correction and pleaded that she be allowed to challenge the Will dated 22.4.1994 also. This application was allowed. Consequently, on a...the same perverse. With regard to question no. (i), counsel for the appellant has argued that when the plaintiff-respondent No. 1 was permitted to challenge the Will dated 22.4.1994 the entire nature...the property of deceased-Farid being his widow.Respondent No. 1 filed a suit claiming that she was the widow of deceased-Farid and specifically challenging the Will alleged to have been...

...Learned counsel for the petitioner submits that the amendment sought by the petitioner in the plaint, is only by way of a formal amendment to challenge the will set up by the...with regard to the authenticity of the will. Having considered the aforesaid arguments, I find no reason to interfere with the impugned order, in view of what is clearly stated...therein, to the effect that even the oral will had been referred to by way of an affidavit filed by the respondents defendants on 30.8.2014, with their written statement having been filed thereafter on...

...challenge the Will in favour of the defendant in accordance with law. Disposed of. 25.10.2017 jyoti (RAJ MOHAN SINGH) JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 2 of 2 ...plaintiff could have filed a suit for partition along with prayer for interim relief therein. Admittedly, the parties are co-sharers in the joint property. Though the defendant has set up a Will in...his favour, the plaintiff would be at liberty to assail the Will in accordance with law after impleading all the necessary parties in a separate suit. In view of Section 41(h) of the...

..." 1 of 2 SAO No.86 of 2018 -2- Learned counsel for the plaintiff-appellant states that the Will had been challenged in the plaint filed by the plaintiff-appellant as being a false and fabricated document. Learned counsel submits that now the plaintiff-appellant gives up her claim qua the Will and does not seek to challenge the...gives up the challenge qua the Will. In view of the above, the order dated 27.08.2018 is set aside and the lower Appellate Court is directed to decide the matter afresh, on merits...under : "4. Whether the will dated 31.08.2007 and subsequent mutation no.1478 is legal and valid? OPD...

...:- " 1 Whether plaintiff Pyarelal (since deceased) was having any right to challenge the Will (Ex. P-6) executed in favour of defendant/ appellant when he is not the heir of.... 7) Regarding the first substantial question of law, it is seen that plaintiff is entitled to challenge the Will Ex. P/6 on the ground that appellant Nandkishore who is defendant was challenging...the right of the plaintiff, therefore, as a natural corollary, plaintiff was entitled to challenge the Will Ex. P/6. It is seen that Ex. P/6 is an unregistered Will, therefore, substantial question No.1...

...the defendants to prove Will dated 16/12/2002. In fact, learned First Appellate Court should have also permitted the plaintiffs to amend the plaint and challenge the Will but that was not done...appellants/plaintiffs were not sure about the legal position and not sure to challenge the Will in this case. Hence, he first filed interlocutory application to challenge the Will but later-on, withdrew it...the Will as forged. 5. Being aggrieved by the said judgment and decree, plaintiffs filed First Appeal No. 52/2022 before learned XXV District Judge, Bhopal which was...

...reveal that the trial Court has disposed of the application even without correctly appreciating the plea sought to be raised by way of amendment whereby the petitioner wanted to challenge the Will dated...The present petition directs challenge against order dated 16.11.2016 (Annexure P-7) passed by the Additional Civil Judge (Senior Division), Samana whereby application filed by the...less than one page has mentioned twice that by moving the present application, the petitioner wants to set up his claim on the basis of alleged Will but the things are other way round. This fact alone...