Showing : 41-50 of 145 Results

CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Succession Act, 1925, Section 276-- Probate in favour of minor - Will - No probate can be granted in favour of minor - Only letters of administration can be granted in favour of guardian of minor with Will being annexed thereto - In the instant case, though probate petition was filed when executor was minor, however, when probate..........
DELHI HIGH COURT
Year of decision: 2016
Details
Will-- Probate - Attestation or notarization of Will is not required to seek probate - However, judicial notice can be taken of fact that party may get Will notarized being ignorant of said fact. (Para 10) Will - Probate - Variation of signatures of daughter of testator on attested notarized Will -..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 4, Succession Act, 1925, Section 213-- Impleading L.R's - Death of defendant - Substitution of legatee of Will - Suit for injunction - Right of a legatee to pursue legal proceedings on the basis of u, probated Will cannot be curtailed as S.213 of Succession Act bars passing of decree of final order in a case which involves claim by..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Will-- Unprivileged Will - Execution and proof - Plaintiff who fails to prove Will in its solemn form cannot be granted Probate or Letters of Administration with Will...........
ORISSA HIGH COURT
Year of decision: 2016
Details
Will-- Suspicious circumstances - Are question of fact and cannot be accurately defined - It is for Court to scan the documents and evidence on record to conclude that whether suspicious circumstance is of such nature that it would be sufficient to refuse the probate of the Will...........
PATNA HIGH COURT
Year of decision: 2016
Details
Succession Act, 1925, Section 281-- Probate - Non-verification of probate petition by one witness to Will, makes the petition defective one - Grant of probate improper for want of no, compliance of S.281 of the Act...........
PATNA HIGH COURT
Year of decision: 2016
Details
Succession Act, 1925, Section 285, 276-- Will - Probate - Caveator interest - One of brother of testator, whose hostility is found duly detailed in the petition itself had filed caveat - It is incumbent upon Court to give pause to proceedings and thereafter noticed caveator - Since no notice was sent to caveator, his presence was not at..........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Succession Act, 1925, Section 276-- Probate - Will - Suppression of material facts - Application filed strictly in conformity with S.276 of the Act - It is not necessary for respondents to disclose in probate application material facts pertaining to indigenous identities of beneficiaries when local legislation prohibits obtaining..........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Succession Act, 1925, Section 276-- Probate - Will - Jurisdiction of Probate Court - Is to ascertain and deal with factum and due execution of Will - It has no jurisdiction to go into question of validity of provisions of Will...........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 5-- Death of plaintiff/testator of Will - Substitution of LR's - Maintainability of application - Legatee under Will, who intends to represent the estate of deceased plaintiff/testator can maintain such application for being impleaded as parties even without probate/succession certificate of Will in..........

Showing : 41-50 of 145 Results