Succession Act, 1925, Section 276 -- Probate - Will - Grant of probate with a copy of Will annexed establishes conclusively as to appointment of executor and valid execution of Will...........
Will -- Proof of - Mere fact that Will was executed in favour of grandsons to the exclusion of other legal heirs, Will cannot be discarded, particularly when property in dispute was self-acquired of testator - Moreover, Will is executed to displace the natural succession - Will proved...........
Evidence Act, 1872, Section 45 -- Expert opinion - Will - Merely because mode of proof of Will is provided by S.63(c) of Succession Act and S.68 of Evidence Act, applicability of S.45 of Evidence Act, in respect of comparison of signature of Will cannot be excluded...........
Hindu Law -- Ancestral property - Once property had been received by way of testamentary succession and not by way of inheritance, suit property could not be said to be ancestral/joint Hindu Family coparcenary property...........
Hindu Succession Act, 1956, Section 15 -- Property of a Hindu female dying intestate - Property of Hindu female shall devolve upon her real sons and daughters - Step children have no share in property under Hindu Succession Act...........
Succession Act, 1925, Section 276 -- Probate - Will - Probate Court is not competent to determine title of property bequeathed - Jurisdiction of a probate Court is limited to determine that Will executed by testator was his last Will - Whether he/she had right to execute the Will with respect to the property is beyond consideration in a probate application...........
Succession Act, 1925, Section 276 -- Probate - Will - If description of land sought to be bequeathed has not been detailed in the Will and testamentary disposition is with respect to entire property of testatrix, probate application cannot be denied on this score - It makes no difference what are the properties which have been set out in the probate application, as probate..........
Hindu Succession Act, 1956, Section 8 -- Succession - Property inherited u/s 8 of Hindu Succession Act is a separate property of all legal heirs - It does not have ancestral character - In view of S.19 of Hindu Succession Act, property is inherited as tenants in common and not as joint tenants...........
Oral Relinquishment deed -- Separate property - Property which is allegedly relinquished in the year 1988 was held by plaintiff by virtue of inheritance by operation of S.6 proviso r/w S.8 and S.19 of Hindu Succession Act, said property was held by her as her separate property which could be relinquished orally...........
Succession Act, 1925, Section 372, 371 -- Proceedings u/s 372 of the Act - Jurisdiction of Court - If a person at the time of his death was residing at a particular place, District Judge within whose jurisdiction particular place exists is having the jurisdiction to entertain the application preferred u/s 372 of the Act...........
