...registration of the will. In support of his submissions, Shri Sanyal relied upon the judgments of this Court in Uma Devi Nambiar v. T.C..., Seth Beni Chand v. Kamla Kunwar (1976) 4 SCC 554, Uma Devi Nambiar v. T.C Sidha....”31. In Uma Devi Nambiar v. T.C Sidhan (2004) 2 SCC 321 the Court held that active participation of the...

...Uma Devi Nambiar v. T. C. Sidhan (Dead) reported as AIR 2004 Supreme Court 1772, contended that the petitioner, in view of Sections 1...Limited v. Saleh Hooseini Doctor reported as (2009) 10 SCC 223 and also on a judgment of Calcutta High Court namely Bali Ram Dhote v...

.... This is the view taken by this Court in Uma Devi Nambiar v. T.C Sidhan (2004) 2 SCC 321.27. We have..., S.P.S Balasubramanyam v. Suruttayan (1994) 1 SCC 460 and Sobha Hymavathi Devi v. Setti Gangadhara ...L. Debi Prasad v. Tribeni Devi (1970) 1 SCC 677.14. Arguing further on the genuineness and validity of the Will, Mr Narasimha submitted t...

...is perverse and arbitrary. He relied upon the decisions of the Supreme Court in Smt. Sushila Devi v. Pandit Krishna Kumar Missir ...succession. In para-16 of the judgment in Uma Devi Nambiar's case the Hon'ble Supreme Court has observed as follows:“A will is executed to alter the ordinary mode of succession and by the...offspring. As held in PPK. Gopalan Nambiar v. PPK Balakrishnan Nambiar it is the duty of the propounder of the Will to remove all the suspected features, but there must be real...

...not have been impleaded as legal heir of deceased Smt. avitri Sharma. He relied upon T. Venkata Narayana v. V. Subbama; 1996 RLR (NSC) 135 and on ...in a suit pending before the trial court titled Smt. Javitri Devi Sharma v. Sh. B.P Sharma.2. Smt. Javitri Sharma had expired on 12th September, 2009 and the...injunction. In Uma Devi Nambiar's case, the court held that genuineness of the Will has to be established in a regular suit and the district judge while dealing with an application under Section 192...

...appointing a person by giving necessary relaxation in deserving cases. It was only subject to approval of the Registrar. The judgments in Uma Devi Nambiar ...[2004 (2) KLT 73] and Dasan v. Registrar Of Co...

...nature ambulatory and revocable during his life.20. In Uma Devi Nambiar v. T.C Sidhan (2004...rejection of the said Cross Objection No. 106 of 1995 or dismissal of the letters patent appeal arising out of AS No. 661 of 1979.11. Mr V. Prabhakar, learned counsel appearing...Kakinanda Annadana Samajam v. Commr. of Hindu Religious and Charitable Endowments (1970) 3 SCC...

....10. In the case of Uma Devi Nambiar v. T.C Sidhan (Dead) — (2004) 2 SCC 321...Subaraju v. C. Subbaraju — A.I.R 1968 SC 947 to support the preposition that the production of the copy of the Will purporting to be...single Bench of this Court in the case of Gulabrao v. Bhagwan — 2001 (2) Mh. LJ. 665 : 2001 AIHC 2146.5. The learned counsel for the defendant contended that the judgment of...

...on the decision of the Apex Court in Uma Devi Nambiar v. T.C Sidhan (Dead), (2004) 2 SCC 321.7. Mr. Darda, learned counsel...Banerjee v. Subodh Kumar Banerjee, AIR 1964 SC 529 and reproduced para 4 of the said judgment which is as under:“The mode of proving a Will does not ordinarily differ from that of...

...Arunkumar v. Shriniwas (2003) 6 SCC 98, Uma Devi Nambiar v. T.C Sidhan (2004) 2...legatee was to see that the same may be made in favour of his male issue.(v) Clauses 5 and 7 of the will, therefore, would not be hit by Section 113 of the Act...Margaret Goonewardene v. Eva Moonemale Goonewardene AIR 1931 PC 307 was considering a bequest made by the testator which was in the following terms: (AIR p. 307...

...judgment reported in Bharpur Singh v. Shamsher Singh, 2009 (3) SCC 687; Uma Devi Nambiar ...part in the execution of Will which confers on him substantial benefit.”15. In the judgment reported in Uma Devi Nambiar v. T.C...favour of an offspring. As held in P.P.K Gopalan Nambiar v. P.P.K Balakrishnan Nambiar, it is the duty of the propounder of the Will to remove all the suspected features, but there...

...);Uma Devi Nambiar v. T.C Sidhan; (2004) 2 SCC 321.11. As against this, the learned counsel for respondent Nos. 9 and 10....Uma Devi Nambiar v. T.C Sidhan (dead)(2004) 2 SCC 321 to contend that although it is the responsibility of the propounder of the Will to remove all sus...deceased testator was of sound disposing state of mind?’17. In case titled Ramesh Kumar… v. Kaushalya Devi & Others...

..., (1995) 4 SCC 459 and Uma Devi Nambiar v. T.C. Sidhan, AIR 2004 SC 1772, held that will is always executed to alter normal mode of succession...Uma Devi Nambiar v. T.C. Sidhan, AIR 2004 SC 1772, took a contrary view that will is always executed to alter normal mode of succession and by the very...Tampha Ibema Devi v. Yumnam Joykumar Singh, (2009) 4 SCC 780, after reviewing earlier judgments held that as per...

...considered the scheme of Part-VII of the Act in its judgment in the case of Uma Devi Nambiar v. T.C Sidhan, (2004) 2 SCC 321...Court in the case of Priyamvada Devi Birla v. Laxmi Devi Newar, 2005 (4) CHN 544.5. Perusal of the preamble of the...State Government to exempt any race or tribe from the operation of the Act. Part-II deals with Domicile. Part-II deals with Marriage. Part-IV deals with Consanguinity. Part-V deals with Intestate...

..., (2006) 3 RCR (Civil) 447, Uma Devi Nambiar v. T.C. Sidhan(Dead), (2004) 1 RCR (Civil) 320 and...Mauleshwar Mani v. Jagdish Prasad, (2002) 2 RCR (Civil) 77, Smt. Talkeshwari Devi v. Ram Ran...Smt. Parkash Devi widow of Sh. Jagirdar Dutta are erroneous, illegal, null and void, consequently sale deed dated 26.3.1999 in respect of land measuring 16 kanals in favour of Harbhajan Singh etc...

...such a contention the learned counsel had relied on the decision, reported in Uma Devi Nambiar v. T.C Sithan (Dead), 2004 (2) CTC 287.27. Per contra, the learned counsel...entitled to the reliefs sought for by him?(v) What are the reliefs, the parties to the Suit are entitled to?”17. From the evidence of the First Defendant, the Trial...Nageswaran v. T.R Balakrishnan, 1991 (1) MLJ 378.26. It was also contended that since the Second Defendant had died, the sale executed by him is not valid after his death. In support of...

...Uma Devi Nambiar v. T.C Sidhan; (2004) 2 SCC 321, the apex Court has followed the decision of Constitution of Bench of Apex Court in...Kak v. Sharada Raje; (2008) 7 SCC 695 : AIR 2008 SC 2195 has held...H. Venkatachala v. B.N Thimmajamma; AIR 1959 SC 443 wherein it has been observed as under:-“The party propounding will or otherwise making a cla...

...delivered by the Hon'ble Supreme Court in the case of Uma Devi Nambiar v. T. C. Sidhan (dead), reported in...Devi Nambiar v. T.C. Sidhan (Died), reported in (2004) 2 SCC 321. 25. He submits that mere..., South 24-Parganas, in O.S. No. 01 of 2017, granting probate of the Will made and published by Uma Sankar Kejriwal, in a contentious cause. 2. Shorn of unnecessary details the...

...Nambiar v. P.P.K. Balakrishnan Nambiar 1995 Supp (2) SCC 664. The learned counsel has further contended that exclusion of any legal heir from the will is not a suspicious circumstance and has referred t....”(emphasis supplied)11.8. In Uma Devi Nambiar (2004) 2 SCC 321, this Court reviewed the case law dealing with the will to a large ex...observed, inter alia, as under : (Uma Devi Nambiar case (2004) 2 SCC 321)“15. Section 63...

...of his submission, the learned counsel for the appellant has relied on the decision in Uma Devi Nambiar v. T.C Sidhan (dead...plaintiff Trust.20. The Apex Court in Uma Devi Nambiar v. T.C Sidhan (dead...the appellant that if there is an inconsistency between two provisions, latter clause shall be held to prevail over the earlier clause is also anwered by The Apex Court in Uma Devi Nambiar's case...