Succession Act, 1925, Section 376 -- Probate - Any person claiming any interest adverse to testator or his estate cannot maintain any application before probate Court and his remedy would lie elsewhere...........
Succession Act, 1925, Section 376 -- Probate - Will - Any question of title cannot be gone into in a probate proceeding and construction of Will relating to right, title and interest of any person is beyond the domain of probate Court, and hence the Probate Court is not competent to determine the question of title or nature of ownership of property of testator or even the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Probate proceedings - When intervenors are questioning the title of testator, they would be stranger to proceedings - Remedy for a person questioning title, existence of property, construction of Will relating to right title and interest of any persons lies in filing a separate suit or an application..........
Will -- Probate - Witnesses of Will stated that at the time of execution of Will testator was in a good physical and mental health and he voluntarily completed all formalities of Will and his signature has been identified by witnesses - Testator executed the Will without any coercion and pressure, fully understanding the contents of Will - There appears no suspicious..........
Will -- Two out of four attesting witnesses of Will stated that Will had been signed by testator in their presence and the Will was read over to them and thereafter they also signed - Execution of Will was duly proved by witnesses and issuance of probate cannot be denied only on the ground that third witness had some contradiction in his statement - Will is proved...........
Will -- Probate - Trust property - Appellant was appointed as Chairman/Caretaker Trustee as mentioned in Will - It was clearly mentioned in the Will that appellant being the Caretaker Trustee would enforce the Will by appointing the trustee from the family of testator - Appellant being Caretaker Trustee as well as Chairman of trust, has right to seek probate of Will for..........
Succession Act, 1925, Section 276 -- Probate - Will - Jurisdiction of probate Court to interpret the Will or the terms contained thereunder is beyond the realms of probate Court - Conclusiveness of probate Court is only with relation to validity of Will...........
Succession Act, 1925, Section 276 -- Probate - Will - Jurisdiction of probate Court to interpret the Will or the terms contained thereunder is beyond the realms of probate Court - Conclusiveness of probate Court is only with relation to validity of Will...........
Succession Act, 1925, Section 276 -- Probate - Will - Letters of Administration granted in favour of beneficiary, since deceased - There is thus, no scope for any substitution of petitioners/LRs - Probate Court has become functus officio after granting letters of administration in favour of deceased - Petitioners can seek their remedy before appropriate forum...........
Succession Act, 1925, Section 276 -- Probate - Will - Letters of Administration granted in favour of beneficiary, since deceased - There is thus, no scope for any substitution of petitioners/LRs - Probate Court has become functus officio after granting letters of administration in favour of deceased - Petitioners can seek their remedy before appropriate forum...........
