Succession Act, 1925, Section 217, Limitation Act, 1963, Article 137 -- Probate - Delay of more than 25 years in filing probate case - No explanation regarding delay - Explanation that applicant husband did not know legal implication of probate and hence did not file probate application earlier - Held, no explanation in the eye of law - Petition for probate barred by..........
Succession Act, 1925, Section 217 -- Probate - No mention of two daughters in the Will despite having good relations with them and they having no proper means of maintenance - No explanation for delay of more than twenty five years in filing probate application - Daughters of testator were in possession of suit property and had been paying municipal taxes regularly -..........
Succession Act, 1925, Section 299, Civil Procedure Code, 1908, Section 96, 2(2), Order 43, Rule 1 -- Order in probate proceedings - Appeal theragainst - Maintainability - Held, order in probate application is not a decree - Question of application of S.96 of CPC does not arise - Hence first appeal is not maintainable - Misc. appeal agaisnt order would be maintaianlbe..........
Evidence Act, 1872, Section 40, 41, 42, 43, 44 -- Judgments in rem - Judgment in personam - Held, while judgments rendered in probate, matrimonial, insolvency and admiralty jurisdiction will be judgments in rem, every other judgment is a judgment in personam and could only bind parties - While it could have been possible for a person who had secured a decree against..........
Civil Procedure Code, 1908, Section 122, 263, Order 25, Rule 9 -- Madras High Court Original Side Rules, Indian Succession Act, 1925, - Letters of administration - Probate - Grant thereof - Application filed after 3 years from death of deceased - Held, as per O.25.R.9 of Original Side Rules, in any case where probate or letters of administration is for first time applied..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complainant by LRs of deceased payee - Cheque was issued in the name of deceased after one month of his death - None of the applicants named as payee of cheque - Nothing on record on the basis of which it can be said that applicants were holder in due course - Held, unless applicants were..........
Succession Act, 1925, Section 276 -- Judgment of probate Court - Held, judgment given by Probate Court is a judgment in rem which is binding not only upon the parties but against the whole world...........
Succession Act, 1925, Section 263 -- Revocation of probate - Grant of probate without citing the parties who ought to have been cited - Sufficient to revoke the probate...........
Succession Act, 1925, Section 263 -- Revocation of probate - Appellant not cited - Appellant a person interested in the property of her father and she ought to have been cited in the probate case and she was entitled for citation and notice over and above general citation - Application for revocation cannot be rejected on the ground that it was not in proper form and not..........
Succession Act, 1925, Section 263 -- Revocation of probate - Application for revocation signed by husband of applicant on ground that he was karinda i.e. authorized person - Advocate also signed the application - Application cannot be rejected on the ground that it is not signed by a competent person - It is only a matter of procedure and it does not affect the merit of..........
