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Results of probate

Showing : 101-110 of 175 Results

PATNA HIGH COURT

Year of decision: 2011
Details

Succession Act, 1925, Section 263 -- Revocation of probate - Application for revocation signed by husband of applicant on ground that he was karinda i.e. authorized person - Advocate also signed the application - Application cannot be rejected on the ground that it is not signed by a competent person - It is only a matter of procedure and it does not affect the merit of..........

ORISSA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Succession Act, 1925, Section 263 -- Grant of probate - Ex parte order - Setting aside of - Held, S.263 of the Act has no application where a grant of probate has been made ex parte and an application has been made for setting aside of that ex parte order by a party who alleges that he was prevented by sufficient cause from..........

DELHI HIGH COURT

Year of decision: 2010
Details

Delhi Rent Control Act, 1958, Section 14(1)(e) -- Landlord getting ownership of tenanted premises by way of Will - Landlord filing eviction application on the ground of bonafide requirement - Tenant disputed ownership of landlord on the ground that no probate of the Will obtained - Held, tenant cannot dispute title of landlord - Tenant is a stranger to the Will and as such..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representatives - Impleading of - On the basis of execution of Will in England qua property situated in Punjab - Plea that Will cannot be relied upon in India, unless a probate from the competent Court is obtained - Held, in respect of Wills either executed in Punjab or in respect of immovable property situated in..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2010
Details

Hindu Succession Act, 1956, Section 8, Succession Act, 1925, Section 276 -- Will by a testator in favour of his wife - Wife applied for probate of will, but could not prove execution of will - Held, it will be deemed that testator died intestate and all legal heirs would get share in his property as per S.8 of the Act of 1956...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2010
Details

Succession Act, 1925, Section 276(2) -- Testator lived in Delhi and left a will in favour of his wife in respect of property at Delhi - Wife applied for probate of Will before Panchkula court - Testator had no fixed place of abode at Panchkula nor he had any property within the jurisdiction of Panchkula Court - Held, Panchkula Court had no jurisdiction...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 89 -- Scope - After completion of pleadings, to consider recourse to ADR process is mandatory - Actual reference to ADR process in all cases is not mandatory - In cases falling under an excluded category there need not be reference to ADR process viz. (i) Representative suits under Order 1 Rule 8 CPC; (ii) Disputes relating to election..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Succession Act, 1925, Section 230, 229 -- Will - Executor - Executor acting hostile to interest of testator and contrary to directions contained in the Will - Executor as such does not lose right to apply for probate - There is no deemed renunciation when executor acts contrary to directions contained in the Will - Renunciation has to be in writing duly signed by the..........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Death of holder of cheque - It cannot be said that any of his heirs or legatee get right to issue notice and then lodge complaint - Only a person who is authorized by succession certificate, letters of administration or probate granted by the court, is entitled to call upon the drawer to pay the..........

ORISSA HIGH COURT

Year of decision: 2010
Details

Specific Relief Act, 1963, Section 34, Succession Act, 1925, Section 213 -- Suit for declaration of title on the basis of Will - Suit is not maintainable unless the probate or letters of administration of the Will is obtained...........

Showing : 101-110 of 175 Results