Expression -- `Legal Heir' - Has to be understood in its ordinary or natural sense - That is if any person is able to establish his status as `heir' recognized by law, he can be termed as `legal heir' and the preferences/restrictions/categories provided under any statute/personal law governing succession/inheritance will have no consequences...........
Constitution of India, 1950, Article 276, Succession Act, 1925, Section 236 -- Power of Additional District Judge - In the instant case, petition was presented before the District Judge and it was transferred to the Court of Additional District Judge who has finally heard it and has decided the petition - Therefore, Art.236 of the Constitution interprets the words..........
Hindu Succession Act, 1956, Section 14(2) -- Limited estate - If widow has been give limited estate during her lifetime, with rider that property would revert back to other legal heirs on her demise and in case she alienates property during her lifetime, whether it would be absolute ownership or not, answer is Positive, as she would be absolute owner...........
Succession Act, 1925, Section 276, 284 -- Probate of Will - Caveatable interest - Nephew of testator lodged a caveat - Although caveator claimed the sole beneficiary of testator on the basis of prior Will of testator but he did not file the original Will - However, caveator filed photocopy of prior Will allegedly executed by testator and also produced registered envelop..........
Succession Act, 1925, Section 276, 284 -- Probate of Will - Caveatable interest - Widow of testator lodged a caveat - Prima facie relation of widow with testator is established on record - Whether she is really a lawful widow of testator or not cannot be conclusively adjudicated in probate proceedings, as only prima facie view was possible to decide whether her caveat..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Succession certificate - Amendment of reply thereto - Claim of second wife sought to be amended by claiming to be the first wife of deceased - Entirely new and different case is set up by petitioner by way of amendment, which cannot be allowed - Application dismissed...........
Succession Act, 1925, Section 372 -- Succession certificate - Grant in respect of shares, debentures and securities owned by deceased mother - Application for exemption from filing surety bond - Succession certificate granted in favour of petitioner No.1 as no objection is filed in favour of petitioner No.1 - Petitioner No.1 dispensed with from furnishing surety bond...........
Service -- Family pension - Death of deceased - Widow of deceased is the only family member who is entitled to the pension and therefore, mother of deceased would not get any right in pension - Pension would be payable as per the Family Pension Scheme and provisions of Hindu Succession Act not applicable to the case - High Court committed error by giving a direction that..........
Succession Act, 1925, Section 213 -- Probate - Will - Beneficiary of Will not required to obtain probate of Will u/s 213 of the Act, but he may require probate of Will for other purposes - Matter remitted with direction to register probate application and to adjudicate the same on merits in accordance with law...........
Will -- Execution - Plaintiff proved that testator signed the Will on his own in a sound disposing state of mind understanding the nature of bequest - Though defendants have raised the question of coercion and undue influence, but they failed to establish the same - Will proved as required u/s 63 of Succession Act and S.68 of Evidence Act - Plaintiff, thus, entitled to..........
