...testator.”This section is based on Section 24 of the English Wills Act. Prior to the English Wills Act under the common law, testamentary disposition of real ...wife of Ippuru, sold to Ippuru half of her rights in respect of Items 4 to 7 of the properties in the will bequeathed by Ippuru. The other half of the property belonged to her (sic his) son Vareed...of 1988 in the District Court, Trichur.7. The District Judge granted the letters of administration in respect of all the items of property in the will. An appeal was taken...

...Wills Act 1837 or to Section 90 of the Indian Succession Act, 1925. The provision under the common law of England before the Statute of 1837 was that a testamentary disposition of ...effective. Nor was there anything in the disposition of the property which indicated that it was temporary, or that it did not apply to whatever property of which the testator might at any time be...cases, and the question is whether the possible occurrence of the event is the reason for the particular disposition which the testator makes of his property, as where he says, “should anything happen to...

...restrictions placed by the customary law on power of disposition of immovable property by means of will, Mawasi was the absolute owner of the entire land. Once this finding was given by the lower ...governed by custom, no special custom as such was pleaded and under the general custom, a sonless proprietor could make a testamentary disposition of his property in favour Page: 500of a close...learned counsel, no benefit could be taken of the proposition that a sonless proprietor could make a testamentary disposition of his property for the services rendered. In support of the contentio...

...four days after such receipt, give notice that he disputes the validity of such devise or other testamentary disposition." 30. The Indian Succession Act (X of 1865) make...testamentary disposition of, or affecting, the real estate, it shall be lawful for the party intending to establish in proof such devise or other testamentary disposition to give to the opposite p...the devise or other testamentary disposition the probate of the said will or the letters of administration with the will annexed or a copy thereof, stamped with any seal of the Court of probate; a...

..., whether the donor was or was not seeking to defeat the legitimate expectations of the heirs by means of a disposition of his property which though nominally a gift, was really of a ...carry the argument further by contending that, so far from the Shia law being more favourable to the disposition of property by way of gift on the part of persons suffering from serious illness, it was...in fact more stringent than the Hanafi law. He quoted passages from some of the authorities referred to by him to the effect that a disposition of property by way of gift made by a person suffering...

...mention that adoption part of the document Ex.D1 comes in the text of Ex.D1 only after the testamentary disposition of Biru regarding his property. The authority in case 1923 India Law Reports...and the Brit, it has been found that adoption is not validly proved. xx xxx The sole question was whether this document does contain a testamentary disposition of property. As already said in my...deed' is devoid of legal force because witnesses of defendant have only opined about the execution of Will in case of testamentary disposition. Moreover, in the case in hand deceased Biru did not ...

...Act. It is also true that the word " disposition " was considered in these decisions, with particular reference to the definition of " transfer of property " under that Act. We are of the view that...of a relative and also speaks of partial failure of consideration. Section 9 also refers to property "taken under a disposition". Therefore, in our opinion, the word "disposition" in Section 27(1...Hindu law, it was held that: " With the father having absolute power of disposition inter vivos or testamentary in respect of his self-acquisition...

...conveyance of right, title or interest in real or personal property from one person to another, the said transfer may take place in present or in future. By means of testamentary disposition, a tr...found open to circumvent the provision. For the reasons, stated we hold that the testamentary disposition of the tenants' lease by dr. Panchanan chatterjee, comes clearly within the term assignment, as...the appellants and it is contended that the said bar is not attracted to the facts of this case because, the transfer by a will, or rather devolution of the property by means of a will, does not come...

...character of joint family property or “throws” it into the hotchpotch of the joint family or “blends” it with the joint family property is a “disposition” within the meaning of the Estate Duty Act...period before death.— (1) Property taken under a disposition made by the deceased purporting to operate as an immediate gift inter vivos whether by way of transfer, delivery, declaration of trust...special definition of the word ‘disposition’ in Section 2(15) of the Act wide enough to rope in various kinds of acts in respect of property. This provision, insofar as it is material for our pres...

...property by survivorship or as a apratibahdhadaya”.(Mayne's Hindu Law, 11th Edn., p. 336) With the father having absolute power of disposition inter vivos or testamentary in respect of his...ordinarily may not be considered transfers of property. Section 2(xxiv) defines ‘transfer of property’ thus:—“‘transfer of property’ means any disposition, conveyance, ass...property’ provided by the inclusive clauses. Under the main part of the definition, ‘transfer of property’ takes in any disposition, conveyance, assignment, settlement, delivery, payment or other...

...was entitled to the suit land on his death, who died on 24.1.1992, being issueless and without making any testamentary disposition of his property. Thus, it was submitted that the Will, allegedly...that he is joint owner in possession alongwith defendants qua the share of deceased Balak Ram, who was the real brother of the plaintiff. It was alleged that the Will, allegedly executed in favour of...defendants No. 1 to 2, dated 12.3.1990, is the result of fraud, undue influence, deception and misrepresentation. It was also alleged that the plaintiff being the real brother of deceased Balak Ram...

...or testamentary disposition of property which had taken place before the 20th day of December, 2004.(2) Any property to which a female Hindu becomes...being in force, as property capable of being disposed of by her by testamentary disposition.(3) Where a Hindu dies after the commencement of the Hindu...has taken place before 20-12-2004; and (ii) where testamentary disposition of property has been made before 20-12-2004. Sub-section (5) of Section 6 leaves no room for doubt as it provides that this...

...deceased had not made a testamentary disposition though, under the explanation to Section 30 of the Act, the interest of a male Hindu in Mitakshara coparcenary property is capable of being dispose...relative specified in that class who claims through such female relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the...interest in the coparcenary property would therefore devolve, according to the proviso, by intestate succession under the Act and not by survivorship. Testamentary succession is out of question as the...

...testamentary disposition of property which had taken place before the 20th day of December, 2004.”The Explanation to this Section also states thus...succession.—Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him or by her, in accordance with the provisions ...out of question as the deceased had not made a testamentary disposition though, under the Explanation to Section 30 of the Act, the interest of a male Hindu in Mitakshara coparcenary property is...

...uses as provided in the Mortmain and Charitable Uses Act, 1888. The consequence is that as per the impugned provision the testamentary disposition of property in relation to all forms of religious and...testamentary disposition for religious or charitable uses.26. It may be seen that as per Section 118 of the Act bequest of property for religious and charitable uses fails...Section 118 of the Act is to prevent bequest of property under religious influence, there is no justification in restricting testamentary disposition of property for charitable purpose. C...

...undivided share in the joint family property by testamentary disposition including by way of gift to his daughter. The interest held by him in the coparcenary property could be bequeathed by the gift...coparcenary property by Brahmadeo Singh is valid in law. Section 30(1) of the Act provides that “any Hindu may dispose of by will or other testamentary disposition any property, which is capable ...the Act. It declares that any Hindu may dispose of by a will or other testamentary disposition his property or interest in coparcenary which is capable of being so disposed of by him in accordance...

...testamentary disposition as are known to result in transferring an interest in immovable property but also any “dealing” with such property as would have the effect of causing or resulting in the..., exchange or any other dealing with such property not being a testamentary disposition and includes a charge or contract relating to such property”. (emphasis supplied) Regulation 3 provides as under...been included therein is “any dealing with such property” which is non-testamentary. Regulation 7-D has amended the provisions of the third column of the Schedule to the Limitation Act, 1963. The effect...

...executed by Har Kaur in deference to the wishes of her husband and that in any case the property devolved upon Jangir Singh by way of testamentary disposition. It was also pleaded that the suit was...the competency of the executant for the execution of the document to pass the property by way of testamentary disposition through that document is the date of its execution and not the su...disposition of property. Apart from there being no justification for execution of the deed, Exhibit D.1 by Har Kaur on the ground of the alleged adoption and the direction having been found to be false...

...close relative of the Testator is alive. In absence of any testamentary disposition by the deceased Testator, her property would have devolved on the heirs of her father in view of..., 1999. It is stated in the application that the only real brother of testator passed away 40 years ago and the said brother is survived by his widow Mrs. Laila Patwardhan, his sons Shri Pranay...application were vague, (ii) averments in the applicant were not proved as required by Order VI, Rule 2 of the Code of Civil Procedure, 1908, (iii) the Schedule of the property...

...disposition knew and understood the property he was disposing and persons who were to be beneficiaries of his disposition. Prudence, however, requires reason for denying benefit to those who too were...R.M Sahai, J.— Disinherited daughter, under a will alleged to have been executed by her father one day before his death bequeathing all his property in favour of sons of her...likeability for a son or daughter or their issues is not uncommon to our society. Rather at times it becomes necessary either to provide for the lesser fortunate or to avoid the property from passing out of...