https://www.taxtmi.com/caselaws?id=290395 A Will propounded by defendants must be proved in the manner required for attested documents when attestors are unavailable: Section 69 evidence must identify the handwriting of at least one attesting witness and the testator's signature, and the proof of both Wills was found insufficient. In partition litigation, the entire available estate must be included; a plaintiff cannot seek partition of only part of the property where another inheritable share forms part of the estate. The benami plea also failed because the statutory presumption under Section 3(2) of the Prohibition of Benami Property Transactions Act, 1988 was not displaced by reliable evidence. The suit was therefore held bad for partial partition and dismissed. en-us Fri, 29 Nov 2019 00:00:00 +0530 Thu, 24 Sep 2020 09:55:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290395 A Will propounded by defendants must be proved in the manner required for attested documents when attestors are unavailable: Section 69 evidence must identify the handwriting of at least one attesting witness and the testator's signature, and the proof of both Wills was found insufficient. In partition litigation, the entire available estate must be included; a plaintiff cannot seek partition of only part of the property where another inheritable share forms part of the estate. The benami plea also failed because the statutory presumption under Section 3(2) of the Prohibition of Benami Property Transactions Act, 1988 was not displaced by reliable evidence. The suit was therefore held bad for partial partition and dismissed. Case-Laws Benami Property Fri, 29 Nov 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290395