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    <title>2001 (8) TMI 1437 - DELHI HIGH COURT</title>
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    <description>A will is proved by establishing due execution, attestation, testamentary capacity and the testator&#039;s free volition under the Indian Succession Act and the Evidence Act, and any suspicious circumstances must be dispelled by cogent evidence. On the evidence described, the attesting witnesses supported execution and the testator was found to be of sound disposing mind, so the will was upheld as the deceased&#039;s last valid will. The doctrine of blending applies only where separate property is voluntarily and unequivocally thrown into the common stock in the presence of a coparcenary; a mere declaration, including one made for tax purposes, is insufficient. The properties were therefore held not to be joint Hindu family property and not available for partition.</description>
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    <pubDate>Fri, 31 Aug 2001 00:00:00 +0530</pubDate>
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      <title>2001 (8) TMI 1437 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=299059</link>
      <description>A will is proved by establishing due execution, attestation, testamentary capacity and the testator&#039;s free volition under the Indian Succession Act and the Evidence Act, and any suspicious circumstances must be dispelled by cogent evidence. On the evidence described, the attesting witnesses supported execution and the testator was found to be of sound disposing mind, so the will was upheld as the deceased&#039;s last valid will. The doctrine of blending applies only where separate property is voluntarily and unequivocally thrown into the common stock in the presence of a coparcenary; a mere declaration, including one made for tax purposes, is insufficient. The properties were therefore held not to be joint Hindu family property and not available for partition.</description>
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      <pubDate>Fri, 31 Aug 2001 00:00:00 +0530</pubDate>
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