Will -- Proof of - Execution of Will not proved by plaintiff in terms of S.63 of Succession Act and S.68 of Evidence Act - DW1 and DW2 not admitted the execution of Will - PW2 and PW3 both have not disclosed the date, month and year of execution of Will - Will thus, not proved - Suit for permanent injunction and declaration on basis of Will dismissed...........
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..........
Hindu Succession Act, 1956, Section 6 -- Succession - Partition has not taken place before amendment of S.6 of Hindu Succession Act - Each son and each daughter is entitled to equal shares in the properties left behind by deceased father...........
Will -- Probate - Trust property - Appellant was appointed as Chairman/Caretaker Trustee as mentioned in Will - It was clearly mentioned in the Will that appellant being the Caretaker Trustee would enforce the Will by appointing the trustee from the family of testator - Appellant being Caretaker Trustee as well as Chairman of trust, has right to seek probate of Will for..........
Succession Act, 1925, Section 299, 278, Civil Procedure Code, 1908, Order 6, Rule 17 -- Appeal - Rejection of application U.O.6.R.17 CPC - Proceedings u/s 278 of Succession Act - Appeal u/s 299 of Succession Act will lie only against those orders that are appealable as per O.43.R.1 CPC - Since rejection of amendment application U.O.6.R.17 CPC does not find place U.O.43.R.1..........
Succession Act, 1925, Section 276 -- Probate - Will - Jurisdiction of probate Court to interpret the Will or the terms contained thereunder is beyond the realms of probate Court - Conclusiveness of probate Court is only with relation to validity of Will...........
Succession Act, 1925, Section 276 -- Probate - Will - Jurisdiction of probate Court to interpret the Will or the terms contained thereunder is beyond the realms of probate Court - Conclusiveness of probate Court is only with relation to validity of Will...........
Succession Act, 1925, Section 276 -- Probate - Will - Letters of Administration granted in favour of beneficiary, since deceased - There is thus, no scope for any substitution of petitioners/LRs - Probate Court has become functus officio after granting letters of administration in favour of deceased - Petitioners can seek their remedy before appropriate forum...........
Succession Act, 1925, Section 276 -- Probate - Will - Letters of Administration granted in favour of beneficiary, since deceased - There is thus, no scope for any substitution of petitioners/LRs - Probate Court has become functus officio after granting letters of administration in favour of deceased - Petitioners can seek their remedy before appropriate forum...........
Succession Act, 1925, Section 376 -- Grant of probate - Will - When Will was executed in favour of beneficiary and no executor has been appointed, mere non-appointment of an executor cannot be a ground to reject grant of probate...........
