Succession Act, 1925, Section 232 -- Will - Letter of administration - Death of executor during pendency of testamentary suit proceedings - Proceedings cannot abate and legatee can apply for grant of letter of administration, as both the proceedings with regard to probate and letter of administration are of same nature and they relate to ascertainment of genuineness and..........
Succession Act, 1925, Section 276 -- Will - Probate proceedings - Probate Court has limited jurisdiction to examine and decide the validity of Will - Probate Court is not competent to determine whether testator had or had not valid legal right, interest and title to dispose the property by way of Will - Such remedy to be sought by filing independent civil suit in the..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Mutation proceedings - A deceased (dead person) cannot be made as party in any proceedings or case - In mutation applications next of kins of deceased should be impleaded as parties as is done in probate proceedings, particularly when mutation is sought on the basis of Will or otherwise...........
Indian Penal Code, 1860, Section 417, 420, 467, 471, 506(i), 34 -- Cheating - Fabrication of Will - Quashing of proceedings - Allegation that accused fabricated Will in question after death of his father - There is sufficient material on record to show that Will was prepared by accused along with other accused - Argument that genuineness of Will should be tested in probate..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment in written statement - Compromise was effected in probate proceedings and subsequent proceedings took place after filing of written statement - Amendment would help to adjudicate upon the issues and share of parties as dispute pertains to estate - While considering the amendment merits need not be gone into and it..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Probate proceedings - When a Court can continue with probate proceedings, then there is no question of rejecting the probate petition on the ground that civil suit of similar nature is pending in civil court...........
Succession Act, 1925, Section 299, Civil Procedure Code, 1908, Section 96, 2(2), Order 43, Rule 1 -- Order in probate proceedings - Appeal theragainst - Maintainability - Held, order in probate application is not a decree - Question of application of S.96 of CPC does not arise - Hence first appeal is not maintainable - Misc. appeal agaisnt order would be maintaianlbe..........
Evidence Act, 1872, Section 40, 41, 42, 43, 44 -- Judgments in rem - Judgment in personam - Held, while judgments rendered in probate, matrimonial, insolvency and admiralty jurisdiction will be judgments in rem, every other judgment is a judgment in personam and could only bind parties - While it could have been possible for a person who had secured a decree against..........
Civil Procedure Code, 1908, Section 11, Order 22, Rule 5 -- Impleading of legal representatives - Determination of question as to who is the legal representative is only for the purposes of bringing legal representatives on record for the conducting of those legal proceedings only and does not operate as res judicata and the inter se dispute between the rival legal..........
Evidence Act, 1872, Section 40, 44 -- Separate trial - Acquittal of a co-accused - Relevancy of judgment - Held, acquittal of a co-accused in a separate trial cannot be made basis for quashing proceedings against another co-accused who is being separately tried on the principle that each case has to be decided on evidence adduced in that case - Judgment of acquittal..........
