Showing : 141-150 of 164 Results

KARNATAKA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 1, Rule 3, Succession Act, 1925, Section 63-- Necessary party - Probate proceedings for grant of letters of administration in regard to Will - Challenge and resistance by widow of alleged testator and her death during pendency of proceedings - Person claiming to be legatee under Will executed by deceased widow and also to be in possession of..........
ORISSA HIGH COURT
Year of decision: 2001
Details
Succession Act, 1925, Section 276-- Probate proceedings - Nature - A probate proceeding is confined to examination of the question of execution of the Will and mental capacity of the testator - Probate Court is not concerned whether the testator had title to the subject-matter of the Will or with the effect and consequence thereof -..........
ORISSA HIGH COURT
Year of decision: 2001
Details
Succession Act, 1925, Section 299, Civil Procedure Code, 1908, Section 2(2)-- Grant of probate - Order passed in such proceedings - Not a decree - Appeal against such order to be presented as Miscellaneous appeal...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 151-- Clubbing of suits - Whether probate proceedings can be clubbed with the suit? Held - Yes - Civil suit filed in the year 1987 and probate proceedings initiated in 1997 regarding the Will of 1984 - Decision in probate proceedings on the question of proof of Will, will have a direct impact on the..........
DELHI HIGH COURT
Year of decision: 1998
Details
Will-- Propounder not residing with the testator - Not a ground to doubt the genuineness of the Will - Disinheritance of other legal heirs by itself is also no ground to doubt the genuineness - Non mention of names of other legal heirs in the Will cannot be a reason to doubt the validity of the Will - It..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 1998
Details
Succession Act, 1925, Section 372, 213, 57-- Succession certificate on basis of Will - Will regarding FDR and Savings Account - Will not falling under clauses (a) and (b) of S.57 - Probate or letters of administration not obtained - Bar under S.213(1) is not applicable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Succession Act, 1925, Section 276-- Will, production of, with petition for probate - Not mandatory - Even if Will not produced with the petition for probate - Court cannot refuse to grant probate...........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Succession Act, 1925, Section 263, 295-- Revocation of probate or letters of administration - To be treated as miscellaneous application - Can be disposed of either summarily or after recording evidence giving opportunity to both the par-ties to adduce evidence and consideration thereof- Under these circumstances, it is not necessary..........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Succession Act, 1925, Section 295, 263-- Probate or letter of administration - Revocation - Not necessarily to be treated as a suit as contemplated u/s 295 of the Act - It may be disposed of either summarily or in a given situation where it requires proof of fact by recording evidence - High Court was in error to hold that it should be..........
KERALA HIGH COURT
Year of decision: 1996
Details
Succession Act, 1925, Section 276-- Probate of Will - A creditor who has got a claim against deceased person, either admitted or disputed, cannot be held to be having such interest in the estate of deceased which will entitle him to be heard in the probate proceedings...........

Showing : 141-150 of 164 Results