Will -- Proof - None of the witnesses deposed that Will was executed by testator as per provisions of S.63 of Indian Succession Act - Will, held, not validly executed...........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Will - Alleged to be forged - A criminal complaint is maintainable notwithstanding the fact that appeal against grant of succession certificate is still pending - When there is allegation of forgery it is a criminal act - Order of Courts below holding it a case of civil nature, set aside - Such document ordered to be..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 156(3) -- Will - Alleged to be forged and on the basis of such forged Will, succession certificate procured - Complaint filed - Courts below held it to be a case of civil nature as succession certificate issued by civil court is under challenge before appellate court - Held, a..........
Indian Succession Act, 1925, Section 300, Civil Procedure Code, 1908, Section 15 -..........
Will -- Legal requirements for proving execution of Will - Summarised : (1) A Will like any other document is to be proved in terms of provisions of Indian Succession Act and the Indian Evidence Act; (2) Onus of proving the Will is on the propounder; (3) Testamentary capability of the propounder must also be established; (4) The execution of the Will by the testator has to..........
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..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - Execution of will and gift deed - Contention that there is no compliance with provisions of S.63 of the Indian Succession Act and S.68 of the Indian Evidence Act - Held, both the courts below have given concurrent finding on this fact - Contention cannot be accepted - No substantial..........
Will -- Execution - Proof - Legal requirements for proving execution of Will summarised as : (1) A Will like any other document is to be proved in terms of provisions of Indian Succession Act and the Indian Evidence Act; (2) Onus of proving the Will is on the propounder; (3) Testamentary capability of the propounder must also be established; (4) The execution of the Will..........
Will -- Execution - Proof - Execution of a Will is required to be proved in terms of the provisions of S.63(c) of the Indian Succession Act and S.68 of the Indian Evidence Act...........
Hindu Adoptions and Maintenance Act, 1956, Section 7, Succession Act, 1925, Section 290, 295 -- Adoption - Divorce between husband and wife - Wife went to England alongwith children - Remarried - Children adopted by second husband - Adoption valid as per U.K. law but invalid under Indian law - Children getting property of adoptive father - Held, children are not entitled..........
