Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 8 -- Rejection of plaint - Suit for declaration that relinquishment deed is null and void - Grandson has no right in the suit property during life time of his father - Plaint rejected...........
Hindu Succession Act, 1956, Section 25 -- Succession certificate - Murderer disqualified - Wife prosecuted for murder of her husband - However, in view of acquittal of wife from criminal case, she cannot be disqualified u/s 25 of the Act - Succession certificate directed to be issued to wife...........
Civil Procedure Code, 1908, Section 100A -- Intra Court appeal - Against order of single Judge passed u/s 299 of Succession Act is not maintainable...........
Will -- Proof - Attesting witnesses of Will not examined - Only scribe and Sub-Registrar who registered Will have been examined - This does not satisfy the requirement of S.68 of Evidence Act r/w S.63 of Succession Act - Moreover, evidence of scribe as well as Sub-Registrar, does not in any way help the defendants to establish the truth and genuineness of said Will - Will..........
Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Interlocutory order passed in proceedings for grant of probate or Letters of Administration - Does not conclusively determines the rights of parties - Not a decree - Appeal thereagainst does not lie...........
Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Rejection of application for deletion of issues - Not a decree - Appeal against such an order does not lie...........
Succession Act, 1925, Section 372, 388(2), 384 -- Succession certificate - Dismissal of application - Appeal against - Dismissal of application by Civil Judgment (Senior Division) invested with the power to exercise function of a District Judge, which is inferior Court, would lie to District Judge and not to the High Court...........
Will -- Registration - Mere registration of Will does not attach to it a stamp of validity and it must still be proved in terms of legal requirements as provided u/s 63 of Succession Act and Ss.68, 69 of Evidence Act...........
Hindu Succession Act, 1956, Section 15(1)(a), 16 -- Property of female Hindu dying intestate - Widow of pre-deceased son does not have first right or entitlement to receive any share in the share of her mother-in-law/Hindu Female - Property of a female Hindu dying intestate shall devolve firstly upon sons and daughters (including children of any pre-deceased son or..........
Will -- Due execution - One attesting witness claimed that testatrix affixed her signatures in Will in their presence, which was vehemently denied by other attesting witness - Neither of attesting witnesses of Will fulfilled the mandate of S.63(c) of Succession Act to prove Will - In consequence, S.71 of Evidence Act had role to play in the matter - However, neither the..........
