Showing : 11-20 of 128 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Succession Act, 1925, Section 228, 226-- Letters of administration - Will - Right to get letters of administration is a continuous right which can be exercised any time, even if Will is probated by any Court mentioned in S.228 of the Act, as long as right to do so survives and object of trust exists or any part of trust, if created..........
DELHI HIGH COURT
Year of decision: 2019
Details
Succession Act, 1925, Section 276-- Probate - Jurisdiction of probate Court is limited being confined only to consider genuineness of Will - Question of title arising under the Act cannot be gone into probate proceedings - Construction of a Will relating to right, title and interest of any other person is beyond the domain of..........
DELHI HIGH COURT
Year of decision: 2019
Details
Succession Act, 1925, Section 276-- Probate - A Court of probate is said to be Court of conscience which is not to be influenced by private arrangements of a party - Court will either grant probate or reject the same - There is no middle path for a happy compromise...........
PATNA HIGH COURT
Year of decision: 2019
Details
Will -- Probate - Three attesting witnesses - Two attesting witnesses already died and one of attesting witness examined and he stated that he was called by testator, who prepared Will in his own handwriting in presence of two other persons - All attesting witnesses have also signed Will at the request of..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and..........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Will-- Probate - A Will without probate would have no force in the eyes of law - Plaintiff therefore, cannot be permitted to claim title over suit land based on Will - Relief of payment of compensation to plaintiff on account of acquisition of land in question cannot be granted to plaintiff...........
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..........

Showing : 11-20 of 128 Results