Oral Relinquishment deed -- Separate property - Property which is allegedly relinquished in the year 1988 was held by plaintiff by virtue of inheritance by operation of S.6 proviso r/w S.8 and S.19 of Hindu Succession Act, said property was held by her as her separate property which could be relinquished orally...........
Succession Act, 1925, Section 372, 371 -- Proceedings u/s 372 of the Act - Jurisdiction of Court - If a person at the time of his death was residing at a particular place, District Judge within whose jurisdiction particular place exists is having the jurisdiction to entertain the application preferred u/s 372 of the Act...........
Succession Act, 1925, Section 372, 371 -- Proceedings u/s 372 of the Act - Jurisdiction of Court - Deceased was residing in village Tawriwala falling under District Jaisalmer - District Judge, Jaisalmer has the jurisdiction to entertain the application u/s 372 of the Act - Merely because Village Tawriwala has subsequently come under the jurisdiction of District Phalodi..........
Will -- Proof of - Will stands proved by evidence of attesting witnesses - DW4/Clerk from office of Sub Registrar had also appeared and deposed regarding execution of Will - DW4 has further deposed that Will was presented to her for registration by testatrix who was identified by attesting witnesses - DW4 read over contents of Will and explained the Will to testatrix in..........
Will -- Suspicious circumstances - Execution of Will in favour of sons to the exclusion of daughters - Plaintiffs contended that testatrix was not competent to execute Will as she was bed ridden for 15 years prior to her death - However no evidence let alone any medical evidence has been led by plaintiffs in this regard - Reasons were duly given in Will by testatrix for..........
Hindu Succession Act, 1956, Section 8 -- Succession certificate - Issuance in favour of wife and mother - Both are class I heir - There is no such law that remarriage of wife would disqualify her interest, in property of her ex-husband - Succession certificate rightly issued in an equal manner for wife and mother of deceased...........
Succession Act, 1925, Section 276 -- Probate - Will - Probate Court cannot and does not decide title, nature and character and ownership of any of properties that are subject matter of a bequest under a Will...........
Succession Act, 1925, Section 276 -- Probate - Will - In a proceeding for grant of probate, more so when it is contested, Court is required to decide as to whether testator had physical and mental capacity and soundness of mind to execute Will in question - Will must be attested by two independent witnesses and there must be no suspicious circumstances surrounding..........
Succession Act, 1925, Section 276 -- Probate - Will - Execution of Will has been duly proved by two independent witnesses who are scribe and attesting witnesses - Respondents have not even suggested any suspicious circumstances in execution of Will - Ingredients of S.276 of the Act fulfilled - Probate granted...........
Succession Act, 1925, Section 229, 230, 231 -- Will - Letters of administration - Where Executor is not a legatee special citation is required to be issued granting opportunity to accept or renounce executorship - However when executor is a successor in intestacy special citation may not be issued as upon issuance of general citation executor has an opportunity to take a..........
