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Shivakumar & Ors. vs. Sharanabasappa & Ors. (SC)

42.00 4.20

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Indian Succession Act, 1925–Sec. 63–Specific Relief Act, 1963–Secs. 34 & 38–Decree of declaration and permanent injunction–Set aside by High Court–Genuineness of Will–Three different coloured sheets were used in the Will–Distance of signatures from the typewritten contents–Document carries three signature of the testator, the same are not made from the one pen–Unnatural and unusual features of the document–Two papers were typed on the behind side and they do not carry any signature at all–Several blank spaces are found in relation to the particulars of property and even some of the properties are not correctly mentioned–Document in question cannot be considered as the last Will of the testator–High Court rightly set aside the decree passed by the trial Court.