Mutation -- On basis of un-probate Will - Directions issued to Revenue-cum-Tahasildars relating to mutation of records on basis of un-probated Wills in Gadajat areas of State of Odisha (those were under ex-princely State, viz. (i) Revenue Authorities including Tahasildars and others, those are dealing with mutation cases in areas inside State of Odisha (those were under..........
Succession Act, 1925, Section 276 -- Probate - Will - Inquiry as contemplated under law to be conducted by Probate Court, primarily involves the satisfaction of Court regarding compliance of S.63(c) of Succession Act...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of interveners - Probate proceedings - Dispute is with regard to genuineness of Will - Opposite parties claimed that testatrix was their aunt and said property is joint property - Genuineness of Will is required to be proved in probate case - Testatrix being a teacher has put her thumb impression on..........
Succession (Kerala Amendment) Act, 1996, Section 213 -- Will - Testator was a Indian Christian and he died after coming into force of S.213 of the Act - Need for obtaining a probate of Will is not to be insisted upon as S.213(2) of the Act does not apply in case of Will executed by Indian Christian - Insistence of respondent bank to probate the Will is thus, unwarranted -..........
Succession Act, 1925, Section 276 -- Probate - Will in question has been duly proved by one of attesting witnesses - Moreover, when Will is not under challenge by anybody and especially when no materials have been placed regarding shadow of doubt with regard to execution of Will and with regard to testamentary capacity of testatrix at the time of execution of Will, probate..........
Will -- Suspicious circumstance - Execution of Will in favour of one of daughters of testatrix - Prominent involvement of propounder/son-in-law of testatrix, whose wife is the beneficiary of Will, in the execution of Will - Executor was admittedly present during execution and registration - However, Will itself categorically explains why other heirs were excluded and..........
Will -- Execution - There is ample corroborative evidence to substantiate due compliance of S.63 of Succession Act and S.68 of Evidence Act, which are the guiding principles of law in probate cases with regard to proof of valid execution of a Will - Probate rightly granted...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs on the basis of Will not probated - Probate would only reassert the title of executor - Executor can act even before probate is obtained - Contention of defendant/petitioner that unless and until probate is granted in favour of opposite party, she cannot continue to pursue the suit..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Probate proceedings - Petitioners/intervenors are step sons of testatrix - Testatrix died during lifetime of her husband - In case probate is not granted to the sons of testatrix, property devolves upon her sons, daughters and her husband - If the property devolves upon husband, naturally..........
Succession Act, 1925, Section 291 -- Bond and/or surety - Provision for submission of surety is provided for only in case of issuance of letters of administration and not for the issuance of probate of Will...........
