Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Death of holder of cheque - It cannot be said that any of his heirs or legatee get right to issue notice and then lodge complaint - Only a person who is authorized by succession certificate, letters of administration or probate granted by the court, is entitled to call upon the drawer to pay the..........
Specific Relief Act, 1963, Section 34, Succession Act, 1925, Section 213 -- Suit for declaration of title on the basis of Will - Suit is not maintainable unless the probate or letters of administration of the Will is obtained...........
Succession Act, 1925, Section 276, 264 -- Will - Christina - Probate - Application for grant of probate of Will executed by a Christian is maintainable before Court of District Judge...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Eviction petition - Impleading L.R's of deceased landlord - A person coming on the basis of Will has to be impleaded as a party alongwith natural heirs without deciding the genuineness of Will - In case an eviction order is passed the same will be subject to grant of probate in his favour - In the event Will is found to be..........
Civil Procedure Code, 1908, Section 11, Order 22, Rule 5 -- Impleading of legal representatives - Determination of question as to who is the legal representative is only for the purposes of bringing legal representatives on record for the conducting of those legal proceedings only and does not operate as res judicata and the inter se dispute between the rival legal..........
Succession Act, 1925, Section 211, 213 -- Even if Will is not probated that does not prevent the vesting of the property of the deceased on the executor/administrator and consequently any right of action to represent the estate of the executor can be initiated even before the grant of the probate...........
Succession Act, 1925, Section 276 -- Probate petition - Question as to title - Court cannot decide question of title, ownership or any such disputes - Remedy lies elsewhere...........
Succession Act, 1925, Section 276, Limitation Act, 1963, Article 137 -- Article 137 Limitation Act is applicable to a petition for grant of probate or letters of Administration...........
Succession Act, 1925, Section 302, 266, 283 -- Will - Probate - Family members coming to some settlement with regard to property of testator - Court in exercise of jurisdiction u/s 302 of the Act can enforce only the terms of Will and not the terms of agreement, if agreement was not part of Will S.302 has no application...........
Succession Act, 1925, Section 302, 266, 283 -- Will - Probate - A probate when granted binds the whole world - It is a judgment in rem - Executor has to administer the estate of the testator in terms of the Will and not on the basis of settlement arrived at by and between the parties which is inconsistent with the terms of the Will - In case of any conflict between the..........
