Succession Act, 1925, Section 276 -- Probate in favour of minor - Will - No probate can be granted in favour of minor - Only letters of administration can be granted in favour of guardian of minor with Will being annexed thereto - In the instant case, though probate petition was filed when executor was minor, however, when probate was granted, executor become major,..........
Will -- Probate - Attestation or notarization of Will is not required to seek probate - However, judicial notice can be taken of fact that party may get Will notarized being ignorant of said fact. (Para 10) Will - Probate - Variation of signatures of daughter of testator on attested notarized Will - Appellant appointed as executor of Will, as he was neighbour and close..........
Civil Procedure Code, 1908, Order 22, Rule 4, Succession Act, 1925, Section 213 -- Impleading L.R's - Death of defendant - Substitution of legatee of Will - Suit for injunction - Right of a legatee to pursue legal proceedings on the basis of u, probated Will cannot be curtailed as S.213 of Succession Act bars passing of decree of final order in a case which involves claim..........
Will -- Unprivileged Will - Execution and proof - Plaintiff who fails to prove Will in its solemn form cannot be granted Probate or Letters of Administration with Will...........
Testamentary Court -- Jurisdiction is not one of suspicion but one of caution - Where suspicious circumstances are present Court cannot ipso facto preclude the grant of Probate...........
Will -- Suspicious circumstances - Are question of fact and cannot be accurately defined - It is for Court to scan the documents and evidence on record to conclude that whether suspicious circumstance is of such nature that it would be sufficient to refuse the probate of the Will...........
Succession Act, 1925, Section 281 -- Probate - Non-verification of probate petition by one witness to Will, makes the petition defective one - Grant of probate improper for want of no, compliance of S.281 of the Act...........
Succession Act, 1925, Section 285, 276 -- Will - Probate - Caveator interest - One of brother of testator, whose hostility is found duly detailed in the petition itself had filed caveat - It is incumbent upon Court to give pause to proceedings and thereafter noticed caveator - Since no notice was sent to caveator, his presence was not at all secured till judgment - Said..........
Succession Act, 1925, Section 276 -- Probate - Will - Suppression of material facts - Application filed strictly in conformity with S.276 of the Act - It is not necessary for respondents to disclose in probate application material facts pertaining to indigenous identities of beneficiaries when local legislation prohibits obtaining possession of immovable properties in the..........
Succession Act, 1925, Section 276 -- Probate - Will - Jurisdiction of Probate Court - Is to ascertain and deal with factum and due execution of Will - It has no jurisdiction to go into question of validity of provisions of Will...........
