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    <title>1960 (5) TMI 47 - CALCUTTA HIGH COURT</title>
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    <description>Due execution of a will was accepted where the attesting and medical witnesses were found reliable, and the challenge to testamentary capacity failed. The court applied section 59 of the Indian Succession Act and held that a sound disposing mind requires understanding that a will is being made, its contents, and the nature of the dispositions in relation to family and other claims. It further held that a party cannot later rely on a factual case not fairly put in cross-examination to the propounder or supporting witnesses. On the evidence, the testator knew what he was doing, the will was proved, and probate was directed to issue.</description>
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    <pubDate>Tue, 17 May 1960 00:00:00 +0530</pubDate>
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      <title>1960 (5) TMI 47 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=311360</link>
      <description>Due execution of a will was accepted where the attesting and medical witnesses were found reliable, and the challenge to testamentary capacity failed. The court applied section 59 of the Indian Succession Act and held that a sound disposing mind requires understanding that a will is being made, its contents, and the nature of the dispositions in relation to family and other claims. It further held that a party cannot later rely on a factual case not fairly put in cross-examination to the propounder or supporting witnesses. On the evidence, the testator knew what he was doing, the will was proved, and probate was directed to issue.</description>
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      <pubDate>Tue, 17 May 1960 00:00:00 +0530</pubDate>
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