Civil Procedure Code, 1908, Order 1, Rule 10, Succession Act, 1925, Section 372 -- Necessary party - Application for grant of succession certificate - Application filed by widow and children of deceased - Petitioner sought impleadment as intervener claiming himself elder brother of deceased testator and denying that applicants are widow and children of deceased - Held,..........
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..........
Hindu Succession Act, 1956, Section 6, 14(1), 14(2) -- Three brothers holding family property jointly - Death of one of the brothers in 1954 - Partition of family property between brother and widow of the deceased by way of family arrangement - Widow getting share of her deceased husband - Widow selling property which fell to her share - Challenge against sale by brothers..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Decree suffered by Karta of coparcenary property in the year 1991 - Challenged by daughter - Held, even as per the provisions of the Amended Act, the decree whereby the coparcenary property has been transferred by the `Karta' of the family in favour of the members of the coparcenary, cannot be challenged by daughter..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Scope - After the commencement of the Amended Act, a daughter has also got equal right as that of a son in the coparcenary property subject to an exception added in the proviso that the provision of sub Section (1) of Section 6 of the Act would not affect or invalidate any disposition or alienation including the..........
Hindu Succession Act, 1956, Section 14(1) -- `Possession' - Even constructive possession of a female Hindu is sufficient for the application of S.14(1) of the Act...........
Hindu Succession Act, 1956, Section 14(1) -- Widow in possession of property in pursuance of her pre-existing right of maintenance on the date of coming into force of Hindu Succession Act, 1956 - Held, right of life interest ripened into full ownership...........
Hindu Succession Act, 1956, Section 14 -- Son by birth only gets one share along with the father in ancestral property - On the death of son dying intestate, mother is entitled to succeed to his share as class I heir - The same devolving upon mother becomes her Streedhana property...........
Succession Act, 1925, Section 27(b) -- Succession - Right to succeed - Blood relationship - Child related to deceased even by half blood is entitled to succeed to the estate of deceased - If child has no relationship with the deceased by blood, full or half, he is not entitled to be called an heir and consequently cannot succeed to his estate - Defendant No.3 not related..........
Hindu Succession Act, 1956, Section 6 -- Coparcenary property of joint Hindu Family - Karta can will away his share in the ancestral property even when there are natural heirs...........
