Hindu Succession Act, 1956, Section 25 -- Inheritance - Murder - Disqualification - Appellant is debarred from inheriting property of deceased, who was killed on account of fatal blow given by appellant, even though his conviction altered from S.302 IPC to S.304(Part I) IPC...........
Nomination -- Intestate succession - Nomination does not alter the course of succession under personal law of parties and that a nominee is no more than an agent authorized to receive the property for eventual distribution among legal heirs...........
Nomination -- Even in respect of a co-operative society, nomination to membership or even to allotment does not tantamount to testamentary or intestate succession to property under allotment - Mere nomination by a member of co-operative society does not enable the nominee to claim succession to property to the exclusion of legal heirs who are otherwise entitled to succeed...........
Nomination -- Intestate succession - Suit for partition - Suit property acquired by original allottee, `G' by virtue of being a member of co-operative society - After death of `G' property transferred to his wife, being the nominee - No document to show by whom remaining instalments were paid - Even if plaintiff-son of allottee, made payment of remaining instalments, such..........
Transfer of Property Act, 1882, Section 123, Hindu Succession Act, 1956, Section 15 -- Gift deed - Challenge as to - Self acquired property of a female - After death of Hindu Female in 1980, property would be succeeded by her husband only in absence of son or daughter as per S.15 of 1956 Act and after death of husband in 1984, property would go upon heirs of husband which..........
Civil Procedure Code, 1908, Section 24, Succession Act, 1925, Section 264, 278 -- Transfer of case - Probate proceedings - Question of legality of Will or right of deceased over property in respect of which Letter of Administration is claimed cannot be adjudicated by Probate Court - Such issues can be gone into by a Court having original civil jurisdiction - Probate..........
Succession Act, 1925, Section 387 -- Proceedings for grant of succession certificate - Summary in nature and would not be final and binding between parties in a regular suit - Such findings are only for the purpose of deciding small controversy between parties i.e grant of succession certificate - Decision of Court under part X of Succession Act under which succession..........
Hindu Succession Act, 1956, Section 26 -- Succession - Hindu converting to other religion - Not disqualified to claim the property u/s 26 of the Act - Right to inheritance is not a choice but it is by birth and in some case by marriage, it is acquired - Renouncing a particular religion and to get converted is a matter of choice and cannot cease relationships which are..........
Succession Act, 1925, Section 372 -- Succession certificate - Grant of - While granting succession certificate, inquiry in detail not required - Sufficient evidence on record shows that children born from wedlock of second wife are children of deceased, then they are entitled to get succession certificate being illegitimate children of deceased, along with first wife and..........
Succession Act, 1925, Section 372, 388(2) -- Succession certificate - Rejection of application by Civil Judge exercising jurisdiction of District Court for purposes of Succession Act - Appeal thereagainst - Lies before District Judge and not before High Court...........
