Will -- Exclusion of natural heirs - Will is executed only to alter the mode of succession and by the very nature of things it is bound to result in either reducing the share or depriving the share of natural heir - Merely because some of the heirs have been excluded the same cannot be held to be suspicious circumstance...........
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...........
Will -- Exclusion of daughters from property under Will - Testator while executing Will in favour of his wife and three sons to the exclusion of two daughters, specifically stated in the Will that he has two married daughters - Testamentary disposition has been made in order to make deviation from natural succession - Moreover, one of daughter has not disputed the..........
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...........
Succession Act, 1925, Section 376 -- Grant of probate - Will - Mere non-appointment of an executor cannot be a ground to reject grant of probate particularly when Will is proved in accordance with law...........
