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..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Suit lands cannot be said to be coparcenary property of plaintiff - Those are coparcenary property of her mother - But mother is not coming forward claiming partition - Plaintiff has not acquired any birth right - Therefore, there is no unobstructed..........
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 -..........
Will -- Proof of - Will was duly produced and proved through PW3, one of attesting witnesses - While in cross-examination he was unable to recall name of other attesting witness and was confronted with unfounded suggestions of monetary inducement, however, these lapses do not in themselves, shake the core of his testimony or legal validity of execution - Document bears..........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu Male - Succession - Once a property is acquired by way of succession, same loses its ancestral character...........
Hindu Succession Act, 1956, Section 22 -- Right of pre-emption - Agricultural property - Provision of S.22 of the Act is applicable even to agricultural holdings and co-owners, who has jointly inherited property in question from their common predecessor is entitled to pre-empt sale...........
Hindu Succession Act, 1956, Section 22 -- Right of pre-emption - Sale deed in favour of respondent No.9 was executed during pendency of petition filed by petitioner so, same is hit by principles of lis pendens and would be subject to litigation between petitioner and appellants - Property was inherited by appellants from a common ancestor along with petitioner - Petitioner..........
Succession Act, 1925, Section 276, 278, Limitation Act, 1963, Article 137 -- Probate/Letters of administration - Limitation - Very nature of proceedings and nature of cause which is continuous would entitle appellant to get letters of administration or Probate of property on basis of Will executed by testator - Application for probate of Will cannot be treated as barred by..........
Succession Act, 1925, Section 276 -- Probate - Will - Attesting witness of Will identifies signature of testatrix and also identifies his signature on Will - Testatrix was hail and healthy as per evidence of attesting witness and of sound mind and he also categorically deposed that Will was registered with Sub-registrar office and same was signed in their presence and..........
