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Title	Will
Details	This suit was for a declaration that the compromise decree dated 25.01.1997 passed in OS No.7266 of 1996 is not binding on her; that she is the lawful owner of the properties specified in the schedule on the basis of the Will dated 12.03.1980 executed by Ramaiah in her favour. The High Court held that the plaintiff was able to prove the Will dated 12.03.1980 in accordance with law with the evidence adduced by her and hence she was entitled for a declaration as claimed by her in the suit relating to the suit properties. Plaintiff was not a party to the compromise decree dated 25.01.1997 passed in OS No.7266 of 1996, it was not binding on her. Lastly, once the Will dated 12.03.1980 is held proved, in accordance with law, the plaintiff becomes entitled to claim a declaration in her favour that she is the owner of the properties bequeathed to her by the testator as specified in the Will. .....H.V. Nirmala =VS= R. Sharmila, (Civil), 2018 (1) [4 LM (SC) 26] ....View Full Judgment The Courts below have thoroughly assessed the material evidences and accordingly came to the right conclusion. Once the will is believed to be a genuine piece of document, there is no need for us to delve into the matter further. In such circumstances, we do not find any reason to disturb the concurrent findings recorded by the Courts below by reasoned judgments. .....Mohan Lal =VS= Nand Lal, (Civil), 2018 (1) [4 LM (SC) 64] ....View Full Judgment Will means decree, ordain, volition, have in mind, determine by choice, bequeathed. Will is a legal document declaring a person's wishes regarding the disposal of their property when he / she die. In a nutshell, it is a legal declaration that makes provisions for the distribution of property at death. “Will” means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. ….. [S. 2(h) of the Succession Act, 1925] “Will” shall include a codicil and every writing making a voluntary posthumous disposition of property. ….. [S. 3(57) of the General Clauses Act, 1897] The words “a will” denote any testamentary document. ….. [S. 31 of the Penal Code, 1860] Deposition of attesting witnesses to the document necessary to prove execution of a will. It must be proved that the testator had full understanding as to know what exactly he was doing by putting his signature or mark on the will— Presumption of law as to execution. ….. [Paresh Chandra Bhowmick vs. Hiralal Nath [(1984) 36 DLR (AD) 156]

Title

Will

Details

This suit was for a declaration that the compromise decree dated 25.01.1997 passed in OS No.7266 of 1996 is not binding on her; that she is the lawful owner of the properties specified in the schedule on the basis of the Will dated 12.03.1980 executed by Ramaiah in her favour. The High Court held that the plaintiff was able to prove the Will dated 12.03.1980 in accordance with law with the evidence adduced by her and hence she was entitled for a declaration as claimed by her in the suit relating to the suit properties. Plaintiff was not a party to the compromise decree dated 25.01.1997 passed in OS No.7266 of 1996, it was not binding on her. Lastly, once the Will dated 12.03.1980 is held proved, in accordance with law, the plaintiff becomes entitled to claim a declaration in her favour that she is the owner of the properties bequeathed to her by the testator as specified in the Will. .....H.V. Nirmala =VS= R. Sharmila, (Civil), 2018 (1) [4 LM (SC) 26] ....View Full Judgment

The Courts below have thoroughly assessed the material evidences and accordingly came to the right conclusion. Once the will is believed to be a genuine piece of document, there is no need for us to delve into the matter further. In such circumstances, we do not find any reason to disturb the concurrent findings recorded by the Courts below by reasoned judgments. .....Mohan Lal =VS= Nand Lal, (Civil), 2018 (1) [4 LM (SC) 64] ....View Full Judgment

Will means decree, ordain, volition, have in mind, determine by choice, bequeathed. Will is a legal document declaring a person's wishes regarding the disposal of their property when he / she die. In a nutshell, it is a legal declaration that makes provisions for the distribution of property at death.
“Will” means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. ….. [S. 2(h) of the Succession Act, 1925]
“Will” shall include a codicil and every writing making a voluntary posthumous disposition of property. ….. [S. 3(57) of the General Clauses Act, 1897]
The words “a will” denote any testamentary document. ….. [S. 31 of the Penal Code, 1860]
Deposition of attesting witnesses to the document necessary to prove execution of a will. It must be proved that the testator had full understanding as to know what exactly he was doing by putting his signature or mark on the will— Presumption of law as to execution. ….. [Paresh Chandra Bhowmick vs. Hiralal Nath [(1984) 36 DLR (AD) 156]