Showing : 1-10 of 145 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Will-- Probate - Rights of executor or legatee - Probate is essential for assertion of rights accruing through a Will executed by a Hindu, Buddhist, Sikh or Jain provided Will is executed within the territories of erstwhile Governor of Bengal, Madras and Bombay High Court, even though properties are..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Photostat copy of document - Will being inadmissible as evidence for want of probate - Hence, its photostat copy/secondary evidence cannot be tendered in evidence - Rejection of application u/s 65 Evidence Act, proper...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Will-- Probate - Execution and genuineness of Will is proved on record - Due execution, attestation and testamentary capacity of testatrix all question were decided by Division Bench in favour of propounder of Will - No appeal was preferred against such findings - No ground made out to upset the said..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 24, Succession Act, 1925, Section 264, 278-- Transfer of case - Probate proceedings - Question of legality of Will or right of deceased over property in respect of which Letter of Administration is claimed cannot be adjudicated by Probate Court - Such issues can be gone into by a Court having original civil jurisdiction - Probate proceedings..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Succession Act, 1925, Section 295-- Will - Probate petition - Contentious case - Once proceedings become contentious, it is not open for Court to proceed with the matter in a summary way and allow parties to prove Will in common form...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Succession Act, 1925, Section 295-- Will - Probate petition - Contentious case - Respondent specifically disputed execution of Will and mental capacity of testator - Court below required to convert petition into a regular suit and therefore deal with the matter by framing issues and pronouncing the judgment as provided under CPC...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Succession Act, 1925, Section 222, 232-- Will - Probate - Grant of - Probate can be granted only to an executor appointed under Will either expressly or by implication - All other persons who claim under Will as legatees or beneficiaries including an universal legatee or residuary legatee are entitled only for grant of Letters of..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Succession Act, 1925, Section 276-- Will - Probate - Petitioners neither appointed as executors under Will, nor they proved that they answer the character of executors by implication - They were not entitled to present petition u/s 276 of the Act - Since petitioners sought to prove Will as legatees, they were required to make an..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Succession Act, 1925, Section 278, 235-- Will - Probate petition - All Legal heirs not arraigned as parties to petition - Testator had left behind five sons and three daughters - But petitioners have not made all legal heirs of testator parties to proceedings nor have they taken any citation to legal heirs of deceased - It was therefore,..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Succession Act, 1925, Section 276, 278-- Grant of probate and Letter of administration - Does not confer title to property...........

Showing : 1-10 of 145 Results