SUNITA SHIVADASANI Vs. GEETA GIDWANI
HIGH COURT OF DELHI
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(1.) MR. K. D. Shivdasani, expired on 10th May, 1991. His wife had predeceased him. Parties to the present appeal are daughters of Late Mr. K. D. Shivadasani. Respondent No. 1, Ms. Geeta Gidwani, has filed a suit for partition and perpetual injunction against the appellant Ms. Sunita Shivdasani and respondent no. 2 Ms. Pooja Gangaramani in respect of movable and immovable properties left behind by late Mr. K. D. Shivdasani.
(2.) THE appellant in her written statement has propounded an oral Will in her favour by late Mr. K. D. Shivadasani and has claimed that Mr. Gopal Deumal Shivdasani, elder brother of Mr. K. D. Shivadasani, has informed her about the said oral Will.
(3.) BY the impugned order dated 22nd may, 2006, learned single Judge has held that under the Indian Succession Act, 1925 (hereinafter referred to as the Act for short), there can be privileged and unprivileged wills. Unprivileged Wills must be in writing and should also comply with the requirement of Section 63 of the Act. Privileged Wills can be made by a solider employed in an expectation or engaged in actual warfare or mariner being at sea. Privileged Will are oral but requirements of Section 66 of the Act must be complied with including presence of two witnesses at the time when the oral will is made and a Will made by word of mouth is null at the expiry of one month, if the testator is alive. Ld. Single Judge has held that late Mr. K. D. Shivadasani could not have made a privileged Will.;
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