Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 2(g), 4(4) -- Maintenance to senior citizen - Relative - Person who is not a legal heir of senior citizen cannot be a relative under the Act merely because he is in possession of property of senior citizen or would inherit his property - He is thus, not bound to maintain senior citizen...........
Adverse possession -- Suit for declaration of ownership on basis of adverse possession - Suit property is properly identified and continuation of possession of plaintiff has not been disputed by State during trial rather admitted in written statement as well as by its witness DW1 - Entries in revenue record reflect that unauthorized possession was very much in the..........
Succession Act, 1925, Section 372 -- Succession certificate - Petitioners have declared that deceased had not left any Will and died intestate leaving behind them to inherit his property as class-I heir - Computer generated legal heir certificate accompanied with a certificate u/s 65-B of Evidence Act is marked to prove their legal heirship - Identity of petitioners proved..........
Hindu Succession Act, 1956, Section 14, 15 -- Property of female Hindu dying intestate - S.15 of the Act does not justify that the daughter of a Hindu female has to be from the loins of her deceased husband only to be entitled to inherit property inherited by her from her husband - Right has been vested in all children or children of pre-deceased children of a Hindu female..........
Civil Procedure Code, 1908, Section 2(11) -- Legal representative (LR) - LRs of a deceased are liable only to the extent of estate which they inherit...........
Will -- Exclusion of legal heirs from bequeath - If testator wished any of his legal heirs not to inherit his assets, he need not even tell any reasons...........
Indian Penal Code, 1860, Section 302, 34, 201, 120B -- Murder - Circumstantial evidence - Motive - Prior property dispute between parties - Prosecution failed to prove and establish that only accused had motive to commit murder of deceased - Rather other materials available on record would go to suggest that agnates who had deposed against accused had greedy eye on the..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu Female - Through family settlement, pre existing right of residence and maintenance of Hindu female as recognized - No new right was conferred on her - She thus, became full owner of property in question by virtue of S.14(1) of the Act - Consequently, daughter of Hindu Female is entitled to inherit the property..........
Hindu Succession Act, 1956, Section 8 -- Property of male Hindu dying intestate - If a property of male Hindu dying intestate is a self acquired property or obtained in partition of a co-parcenary or a family property, same would devolve by inheritance and not by survivorship and a daughter of such a male Hindu would be entitled to inherit such property in preference to..........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Daughter would inherit equal share as that of son in ancestral properties and date of death of father whether before or after date of amendment to S.6 of the Act, would be irrelevant - Plaintiff and defendants Nos.1 & 2 entitled to 1/3rd share each...........
