Succession Act, 1925, Section 276 -- Will - Probate - Mere omission to identify signatures on probate petition by witness is not sufficient to discard probate petition, when there is no cross-examination of said witness on said aspect...........
Will -- Probate - Grant of - One of attesting witnesses of Will, PW2 proved that testator had signed and thumb marked the Will in his presence and he also signed the Will as an attesting witness - No evidence led by respondents - There is nil cross-examination of PW2 on record - Petitioner successfully proved due execution and attestation of Will - Probate of Will granted..........
Succession Act, 1925, Section 284 -- Caveatable Interest - It is an interest in the estate of deceased testator which may be affected by grant of probate of Will of deceased...........
Succession Act, 1925, Section 283(1)(c) -- Probate - Citations are issued in order to enable such persons who claim to have any interest in the estate of deceased, to see the proceedings before grant of probate and if necessary to oppose the same - Such persons to whom citations issued whether general and special, may file a caveat - All proceedings are required to be..........
Succession Act, 1925, Section 284 -- Caveatable Interest - Law of intestate succession must be kept in mind, while determining the issue of caveatable interest - A reversioner or an agnate or a family member can maintain a caveat only when there is a possibility of his inheritance of property in the event of probate of Will is not granted - If there are heirs intestate who..........
Succession Act, 1925, Section 284, 276 -- Caveat - Probate proceedings - Applicant is not a near relationship of testatrix nor a natural guardian of two minor daughters of testatrix who are beneficiaries under Will - He is the so, i, law of uncle of testatrix - Applicant applied without seeking renunciation of executorship as contemplated u/s 230 of Succession Act - More..........
Will -- Probate - Will executed in favour of two sons/petitioners duly proved by one of attesting witness - Attesting witness proved that testator was in sound and healthy disposing mind at time of execution of Will - Cross-examination of attesting witness elicited nothing which detract from due execution, attestation and registration of Will - Will was executed with free..........
Succession Act, 1925, Section 57, 213 -- Will - Probate - It is not necessary to obtain probate of Will, for Hindus, concerning properties in Northern part of the Country - Impugned order of single judge that no declaratory reliefs qua suit properties can be granted on the strength of testamentary documents and the remedy is to seek probate. set aside...........
Succession Act, 1925, Section 276 -- Probate Proceedings - Not an inter-parties proceeding and a judgment therein is a judgment in rem - Probate thus, not granted on admissions or even when none contest the proceeding and is granted only on proof of Will...........
Succession Act, 1925, Section 276 -- Probate - Will and codicil - Original documents not on record and there is no evidence as to what happened to them - Though petitioner was allowed to prove the same by secondary evidence, but he failed to lay foundation for leading secondary evidence - Said document purport to be registered even if original thereof was not available,..........
