Will -- Proof - Deprivation of natural heir - May not amount to suspicious circumstance as whole idea behind execution of will is to interfere with normal line of succession - However, prudence requires reason for denying benefit of inheritance to natural heirs and absence of it, though not invalidate will in all cases but shrouds disposition with suspicion as it does not..........
Ancestral property -- Tribal woman or her legal heirs - Neither any particular law of a community nor custom brought into application by either side - Unless otherwise prescribed in law, denying female heir a right in the property only exacerbates gender division and discrimination, which law should ensure to weed out - In the absence of custom of female succession or a..........
Hindu Succession Act, 1956, Section 6, Limitation Act, 1963, Article 110 -- Right of daughter - Partition suit - Limitation - Daughter who got married 50 years ago, was never in joint possession after her marriage - Right of daughter to sue for partition accrues only on 09.09.2005 - Suit for partition ought to have filed within 12 years - However, partition suit filed in..........
Succession Act, 1925, Section 276 -- Probate - Probate Court does not decide any question of title or of existence of property itself...........
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...........
