Hindu Succession Act, 1956, Section 8, Succession Act, 1925, Section 276 -- Will by a testator in favour of his wife - Wife applied for probate of will, but could not prove execution of will - Held, it will be deemed that testator died intestate and all legal heirs would get share in his property as per S.8 of the Act of 1956...........
Succession Act, 1925, Section 276(2) -- Testator lived in Delhi and left a will in favour of his wife in respect of property at Delhi - Wife applied for probate of Will before Panchkula court - Testator had no fixed place of abode at Panchkula nor he had any property within the jurisdiction of Panchkula Court - Held, Panchkula Court had no jurisdiction...........
Succession Act, 1925, Section 276, 264 -- Will - Christina - Probate - Application for grant of probate of Will executed by a Christian is maintainable before Court of District Judge...........
Succession Act, 1925, Section 276 -- Probate petition - Question as to title - Court cannot decide question of title, ownership or any such disputes - Remedy lies elsewhere...........
Succession Act, 1925, Section 276, Limitation Act, 1963, Article 137 -- Article 137 Limitation Act is applicable to a petition for grant of probate or letters of Administration...........
Succession Act, 1925, Section 276 -- Letters of administration - In respect of registered Will - Original Will not filed with petition - Not fatal as Will is registered - Genuineness and validity of Will proved by summoning records from office of Registrar of Assurance containing copy of Will signed by testator and attesting witnesses - Held, it can be treated as a primary..........
Succession Act, 1925, Section 275, 276, 263 -- Probate of Will - Jurisdiction of the Probate Court is limited being confined only to consider the genuineness of the Will - Probate Court while granting probate is not to decide the dispute with regard to title - A separate suit is maintainable therefor - In case probate is granted then remedy is in terms of S.263 of..........
Succession Act, 1925, Section 275, 276, 284, 295 -- Probate - Caveatable interest - Everybody cannot lodge caveat - Caveator must have some interest in the estate of testator - A person who claims any interest adverse to the testator or his estate cannot maintain an application before the Probate Court...........
Succession Act, 1925, Section 276, 81, 89 -- Will - Vague - Will even if genuine but its contents when found to be vague then grant of probate has to be declined - Held, High Court not justified in passing interim orders in mandatory form in terms of which appeal preferred would become infructuous and parties would be forced to give effect to provisions of said Will -..........
Succession Act, 1925, Section 276, 278, Evidence Act, 1872, Section 68 -- Will - Subsequent Will - Where an earlier Will stands superseded by a later Will, no probate of earlier Will can be granted - Such probate petition is barred - Only the latest Will prevails as last testament of the deceased...........
