Muslim Law -- Matruka property - Devolution of property - Will is the first document that is to be satisfied subject to limits imposed by Muslim Law, i.e it cannot exceed one-third of estate and cannot ordinarily be made in favour of an heir without the consent of other heirs and then whatever remains hereafter, is to be distributed strictly as per the rules of intestate..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Father of plaintiff acquired property by way of partition that took place in 1986, which fell in his hands as his self-acquired property - Admittedly, plaintiff does not fall in any of categories of Class I heirs of grandfather as prescribed u/s 8 of Hindu Succession Act and inheritance..........
Hindu Succession Act, 1956, Section 29, 8 -- Failure of Heirs - In the event of a competent Court of law declaring a testament of a Hindu to be invalid and in the absence of any heirs u/s 8 of the Act then, S.29 of the Act would apply as it would be a case of failure of heirs - In such an event, property would devolve on Government and Government shall take the property..........
Hindu Succession Act, 1956, Section 29 -- Failure of Heirs - Probate of Will of testator was firstly declined by Single Judge but was later granted by Division Bench of High Court - Therefore, there is a pronouncement on validity of Will of testator by a competent Court of law - In the circumstances, legatees under Will would be persons who would succeed to property -..........
Constitution of India, 1950, Article 226 -- Writ petition against dead person - Non-substitution of LRs - Information about death of opposite party No.1 was given way back in 2021 but till date no application for substitution has been filed by petitioners/State - Considering the lapse of more than 4-1/2 years from date of information and also considering the fact that even..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Non-substitution of LRs of deceased defendant - Where there is no need of moving a substitution application of bringing on record heirs and LRs of a defendant who had not filed his written statement or contested the suit, suit cannot abate for non-bringing of LRs of defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Exemption from substitution of LRs - Plaintiff already filed an application for substitution of LRs of defendant - Subsequent application filed by plaintiff seeking exemption from substituting heirs of deceased defendant not required to be filed within 90 days of death - There cannot be any abatement in..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Order passed against dead person is a nullity - Mere fact that counter affidavit was filed by one of legal heirs would not clear the defect of order being passed against a dead person - Without the cause title being amended and legal heirs being brought on record in interlocutory applications at that..........
Will -- Proof - Deprivation of natural heir - May not amount to suspicious circumstance as whole idea behind execution of will is to interfere with normal line of succession - However, prudence requires reason for denying benefit of inheritance to natural heirs and absence of it, though not invalidate will in all cases but shrouds disposition with suspicion as it does not..........
Ancestral property -- Tribal woman or her legal heirs - Neither any particular law of a community nor custom brought into application by either side - Unless otherwise prescribed in law, denying female heir a right in the property only exacerbates gender division and discrimination, which law should ensure to weed out - In the absence of custom of female succession or a..........
