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BOMBAY HIGH COURT
P.T. Patil, Naik, JJ
Totaram Maharu v. Ramabai
| Table of Content |
|---|
| 1. background and context of the will (Para 1) |
| 2. arguments against the validity of the will (Para 2) |
| 3. key issues for court consideration (Para 3) |
| 4. burden of proof outlined in precedent (Para 4) |
| 5. legal principles on onus of proof (Para 5) |
| 6. evidence for due execution of the will (Para 6 , 7 , 8) |
| 7. analysis of discrepancies in testimony (Para 9) |
| 8. suspicious circumstances discussed (Para 10) |
| 9. testamentary capacity and undue influence (Para 11 , 12) |
| 10. authority to dispose of property under hindu law (Para 13 , 14 , 15 , 16) |
| 11. assessment of separation of shares in property (Para 17 , 18) |
| 12. conclusion on validity of the will (Para 19) |
| 13. final judgment and court order (Para 20 , 21) |
1. This is an appeal filed from the order of Mr. P.T. Patil, Joint Civil Judge, Senior Division, Jalgaon, dated 30th September, 1965, dismissing the plaintiff's suit which was for a declaration of ownership and possession of certain property under the Will of his father Chavdas Dharma Kolhe (hereinafter referred to as 'the deceased'). The Will in question was executed by the deceased on the 4th of August, 1963, and has been tendered as Ex. No. 45 in these proceedings. The deceased died
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