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case law u/s 61 of indian succession act, 1925


Any case law under the above section to prove that 'a will was obtained by fraud, coercion or importunity'?
 
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Adv P & H High Court Chandigarh

AIR1955 SC 363; [1955]1ITR 1035 (SC); [1955]1SCR1035

 
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Adv P & H High Court Chandigarh

 (1989) 2 CALLT 164 (HC) Caalcutta High Court

 
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Lawyer

Indubala Tikri case Chattisgarh High Court


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Lawyer

Rajesh Chand Vs Dayawati & ors Delhi High Court

 
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Tku v much Sirs. I will go through. Meanwhile any SC citation pls?
In my case, first the Defendants separated their mother from their plaintiff brother. In the guise of taking care of her hv obtained the Will from their mother before her death by emotionally blackmailing/coercing/brainwashing etc by taking advantage of her age, health etc with a malicious intention to deny the right of their plantiff brother in the scheduled properties.
The plaintiff has all documentary evidence to prove the other means by which they tried to obtain the properties by transferring to the name of their mother n deny the share of the plaintiff and/or atleast to get her mother's share, either during their mother's lifetime/after her death.

As a matter of fact the plaintiff n defendants mother didn't hv any immovable property in her name, as on the date of the Will. All i.e. self-earned n ancesstoral even till date stand in the name of her late husband i.e. plaintiff n defendants late father.
Solicit all of yr guidance, pls.
 
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Advocate

"In my case" - is it your personal problem or a case you are handling as a legal professional?

 
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Advocate

If the Mother was not the owner of the property, and all the property both movable and immovable property belongs to her pre  deceased  husband, than where is the question of fraud, coercion or impritunity of the will. If a person does not own any property how on earth can such man execute a will? Asmittedly the movanle property and immovable property stands in the name of the Father/Ancestral, and in absence of any WILL, the property should be distributed according to their personal laws of Succession. 

 
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Advocate

I am the plaintiff and party-in-person.
 
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