Nominee -- Provident Fund - Death of employee - In cases of a valid nomination, amount in provident fund account of deceased depositor or subscriber is required to be released to nominee - However, nominee is a mere trustee to collect funds and not beneficial owner - Therefore, mere fact that amount is released to a valid nominee will not bar the objector or holder of..........
Provident Fund Act, 1925, Section 4(1)(b), 4(1)(c)(i), 5, General Provident Fund (Central Service) Rules, 1960, Rule 33(ii) -- General Provident Fund (GPF) - Release of funds to nominee - Nominee has primacy to receive the amounts standing in the name of a depositor upon his death - However, if amount in provident fund account exceeds more than Rs.5,000, nominee is..........
Will -- Probate - When an order of probate was produced which is not mandatory, claim of plaintiff through a Will attains a legal sanctity which could not have been brushed aside by High Court...........
Hindu Succession Act, 1956, Section 29 -- Failure of Heirs - Probate of Will of testator was firstly declined by Single Judge but was later granted by Division Bench of High Court - Therefore, there is a pronouncement on validity of Will of testator by a competent Court of law - In the circumstances, legatees under Will would be persons who would succeed to property -..........
Succession Act, 1925, Section 276, 278, Limitation Act, 1963, Article 137 -- Probate/Letters of administration - Limitation - Very nature of proceedings and nature of cause which is continuous would entitle appellant to get letters of administration or Probate of property on basis of Will executed by testator - Application for probate of Will cannot be treated as barred by..........
Succession Act, 1925, Section 276 -- Probate - Will - Attesting witness of Will identifies signature of testatrix and also identifies his signature on Will - Testatrix was hail and healthy as per evidence of attesting witness and of sound mind and he also categorically deposed that Will was registered with Sub-registrar office and same was signed in their presence and..........
Kerosene dealership -- Dealership agreement between partnership firm and IOCL - Agreement itself recognises that in the event of death of one of partners, IOCL may continue dealership with said firm - Therefore, on death of one of partners of firm, business of firm would not come to an end in view of Clause 18 of deed of partnership r/w Clause 13 of dealership agreement -..........
Succession Act, 1925, Section 276 -- Probate - Probate Court does not decide any question of title or of existence of property itself...........
Succession Act, 1925, Section 276 -- Probate - Will - Grant of probate with a copy of Will annexed establishes conclusively as to appointment of executor and valid execution of Will...........
Succession Act, 1925, Section 276 -- Probate - Will - Probate Court is not competent to determine title of property bequeathed - Jurisdiction of a probate Court is limited to determine that Will executed by testator was his last Will - Whether he/she had right to execute the Will with respect to the property is beyond consideration in a probate application...........
