Succession Act, 1925, Section 372, 373 -- Succession certificate - Grant of - For issuing succession certificate compromise award arrived at Lok Adalat is bad in law...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 14(1) -- Rejection of plaint - Barred by law - Suit barred u/s 14(1) of Hindu Succession Act, 1956, which preserves the right of a female Hindu to own self acquired property - Plaint rejected...........
Recovery suit for money -- Money suit for recovery of debt should not be dismissed for non-production of Succession Certificate, but Court should grant reasonable time to enable the party to produce it - Therefore, a decree passed without production of Succession Certificate is not a nullity...........
Will -- Proof - Will is required to be proved as per S.63 of Succession Act r/w S.68 of Evidence Act, irrespective whether Will is contested or not...........
Agreement to sell -- Specific performance - Plea of joint ownership - Defendants admitted the execution of a contract of sale in written statement which is signed by defendant no.2 later on - No documentary evidence is produced on record to show that they are entitled to share in the suit property by succession - Merely stating that it is ancestral property of father is..........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - Property purchased in the name of deceased/Hindu female - In the absence of any deed of gift or Will, estate of deceased would have to devolve in terms of S.15 of the Act - Defendant failed to discharge the initial burden of proof to show that property was gifted to him - Preliminary..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for mandatory and permanent injunction filed by only one of legal heirs of deceased - To hand over the original R.C of vehicle purchased by father of plaintiff and to restrain them from taking possession of the same in an illegal or forcible manner - When vehicle purchased by deceased was inherited..........
Will -- Proof - Mere admission about photograph and signatures of testatrix on the Will would not dispense statutory requirement of its attestation as envisaged u/s 63 of Succession Act...........
Will -- Proof - None of attesting witnesses has been produced so as to prove valid attestation and execution of Will in question - Though explanation given that attesting witnesses were dead, however, no effort was made to prove the Will in terms of S.69 of Evidence Act - Mere admission about photograph and signatures of testatrix on the Will would not dispense statutory..........
Succession Act, 1925, Section 291 -- Bond and/or surety - Provision for submission of surety is provided for only in case of issuance of letters of administration and not for the issuance of probate of Will...........
