Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu Female - Suit properties purchased in the name of Hindu female by her husband through sale deeds - Interest of Hindu female in suit properties is not limited - Hindu Female thus, acquires absolute title over suit properties by virtue of S.14(1) of the Act - Courts below are not justified in holding that Hindu..........
Will -- Proof - Thumb impression of testator was not matched - Contradictions in evidences of attesting witnesses as regards place of execution - Requirement of S.63 Succession Act must be reliable and same cannot be said to be fulfilled when there is mechanical compliance of stipulations therein - Will, held, not duly proved...........
Evidence Act, 1872, Section 17, 58 -- Admission - Will - Where a party admits execution of document in the nature of a Will which is otherwise proved in accordance with S.63 of Succession Act and S.68 of Evidence Act, it becomes a relevant fact duly proved in the absence of any discretion by Court...........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Hindu female got property in lieu of her pre-existing right of maintenance - Right of maintenance of Hindu female is acknowledged in settlement deed - Husband of Hindu female has admitted that as per orders of Court he is under an obligation to pay maintenance to her - However, since he is not in a..........
Hindu Succession Act, 1956, Section 8 -- Property of male Hindu dying intestate - Plaintiff claims that he being adopted son of deceased is entitled to half share of suit property - Son and widow are class-I heirs of Hindu male dying intestate - Since there has been a valid adoption, mere fact that after death of deceased, plaintiff started residing with his natural..........
Succession Act, 1925, Section 222, 231, 301 -- Probate - Will - Executor wants to relieve himself from his obligation on account of his old age and in his place beneficiaries of Will already filed an application for their impleadment - Scheme of execution of Will and grant of probate does not envisage a forceful retention of an executor of Will by Court - Court thus,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of ownership - Plaintiffs in their plaint are claiming to be natural legal heirs of deceased - Defendant on the other hand are disputing natural succession of deceased on basis of Will - Thus, it cannot be said that plaint filed by plaintiffs does not disclose any cause of action -..........
Succession Act, 1925, Section 263 -- Probate - S.263 of the Act reveals that grant of probate or letter of administration or revocation or annulment thereof for just cause can be ordered only by probate Court...........
Succession Act, 1925, Section 263 -- Revocation of probate - Plaintiffs claiming that deceased obtained probate of Will by playing fraud by not disclosing about other legal heirs of deceased, thus Will be declared null and void ab initio and illegal - This power vests not in civil Court but probate Court in terms of S.263 of the Act - Since plaintiffs have applied for..........
Hindu Marriage Act, 1955, Section 5(i), 11 -- Void marriage - Second marriage during subsistence of first marriage - Marriage is void - Second wife after death of husband would not get status of widow under Class I of Schedule of Hindu Succession Act and will not succeed to the property of her husband...........
