Showing : 51-60 of 145 Results

UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Will-- Probate - Granted by competent Court and same never challenged - Probate thus granted is conclusive unless revoked...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Succession Act, 1925, Section 276-- Will - Probate - Grant of - Due execution and attestation of Will proved on record - Defendant failed to prove that signature of testator on the Will is forged - Testator died issueless and plaintiff is the son of brother of testator - Plaintiff as a beneficiary of Will, not a participant in the..........
DELHI HIGH COURT
Year of decision: 2016
Details
Mahomedan Law-- Will - Probate - Probate Case with respect to Will of a deceased Mahomedan is not maintainable as provisions of Succession Act pertaining to testamentary succession does not apply to Mahomedans - However, at the request of petitioner and other heirs of tetastor probate petition is converted into a..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Xerox copy of Unprobated Will - Not admissible in evidence - Even original Will without probate could not be received in evidence, as no right under Will can be sought to be established without Will being probated by a competent Court or letter of administration with Will or a..........
DELHI HIGH COURT
Year of decision: 2016
Details
Will-- Suspicious circumstance - Probate - Life intersect given to wife of testator, while she was actually dead - It only cuts at the root of Will itself and makes a Will suspect - Explanation given by propounder of Will that it was due to inadvertent mistake of coping the earlier Will, cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Succession Act, 1925, Section 232-- Will - Letter of administration - Death of executor during pendency of testamentary suit proceedings - Proceedings cannot abate and legatee can apply for grant of letter of administration, as both the proceedings with regard to probate and letter of administration are of same nature and they..........
DELHI HIGH COURT
Year of decision: 2016
Details
Succession Act, 1925, Section 278-- Letters of administration - Objections - Locus standi - Merely because judgment in a testamentary case operates in rem, it does not mean that any and every person can file objections - Only such persons can file objections who would either be the legal heirs of the deceased testator under the..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Succession Act, 1925, Section 276, 278-- Probate - Letter of administration - Grant of probate or letter of administration does not confer title to property - It merely enables administration of estate of deceased - Jurisdiction of Probate Court is limited being confined only to consider genuineness of Will - Construction of Will..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Succession Act, 1925, Section 276-- Will - Probate proceedings - Probate Court has limited jurisdiction to examine and decide the validity of Will - Probate Court is not competent to determine whether testator had or had not valid legal right, interest and title to dispose the property by way of Will - Such remedy to be sought by..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Necessary parties - Mutation proceedings - A deceased (dead person) cannot be made as party in any proceedings or case - In mutation applications next of kins of deceased should be impleaded as parties as is done in probate proceedings, particularly when mutation is sought on the basis of Will or..........

Showing : 51-60 of 145 Results