Succession Act, 1925, Section 276 -- Will - Probate - Mere omission to identify signatures on probate petition by witness is not sufficient to discard probate petition, when there is no cross-examination of said witness on said aspect...........
Succession Act, 1925, Section 284, 276 -- Caveat - Probate proceedings - Applicant is not a near relationship of testatrix nor a natural guardian of two minor daughters of testatrix who are beneficiaries under Will - He is the so, i, law of uncle of testatrix - Applicant applied without seeking renunciation of executorship as contemplated u/s 230 of Succession Act - More..........
Succession Act, 1925, Section 276 -- Will - Letters of administration - Petitioner through his affidavit proved that testator was in sound disposing mind at time of signing Will, which was duly executed by him in presence of witnesses - Death certificate of testator proved on record - No objection on record regarding execution of Will - Thus, petitioner succeeded in..........
Succession Act, 1925, Section 276 -- Probate Proceedings - Not an inter-parties proceeding and a judgment therein is a judgment in rem - Probate thus, not granted on admissions or even when none contest the proceeding and is granted only on proof of Will...........
Succession Act, 1925, Section 276 -- Probate - Will and codicil - Original documents not on record and there is no evidence as to what happened to them - Though petitioner was allowed to prove the same by secondary evidence, but he failed to lay foundation for leading secondary evidence - Said document purport to be registered even if original thereof was not available,..........
Constitution of India, 1950, Article 276, Succession Act, 1925, Section 236 -- Power of Additional District Judge - In the instant case, petition was presented before the District Judge and it was transferred to the Court of Additional District Judge who has finally heard it and has decided the petition - Therefore, Art.236 of the Constitution interprets the words..........
Succession Act, 1925, Section 276, 284 -- Probate of Will - Caveatable interest - Nephew of testator lodged a caveat - Although caveator claimed the sole beneficiary of testator on the basis of prior Will of testator but he did not file the original Will - However, caveator filed photocopy of prior Will allegedly executed by testator and also produced registered envelop..........
Succession Act, 1925, Section 276, 284 -- Probate of Will - Caveatable interest - Widow of testator lodged a caveat - Prima facie relation of widow with testator is established on record - Whether she is really a lawful widow of testator or not cannot be conclusively adjudicated in probate proceedings, as only prima facie view was possible to decide whether her caveat..........
Succession Act, 1925, Section 276 -- Probate - Will - Probate Court is only to decide whether Will was validly executed or not - It does not decide the question of title - Whether it is the trust or executor or any other person who is legally entitled to properties will have to be decided by competent civil Court when the matter is raised before it...........
Succession Act, 1925, Section 276 -- Probate in favour of minor - Will - No probate can be granted in favour of minor - Only letters of administration can be granted in favour of guardian of minor with Will being annexed thereto - In the instant case, though probate petition was filed when executor was minor, however, when probate was granted, executor become major,..........
