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..........
Succession Act, 1925, Section 229, 230, 231 -- Will - Letters of administration - Executor of Will did not take any steps to obtain probate of Will - Executor disputed validity of Will and contended that testator was not in sound mind at the time of execution of Will and was suffering from different ailments since early 1995 and had no capacity to dispose - Thus, in such..........
Will -- Proof of - Evidence of two attesting witnesses goes to establish that testator was capable of making Wills as per S.59 of Succession Act - Same was executed in accordance with provisions contained in S.63 of Succession Act and proof of Execution of Will was in accordance with S.68 of Evidence Act - Executor although has alleged that testator was not in sound state..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Property was acquired by Hindu female by virtue of Will - Provisions of S.14(1) of Hindu Succession Act shall not apply to any property which is acquired by way of gift or Will - Contention of defendant that Hindu Female become absolute owner of suit property and she is entitled to..........
Will -- Suspicious circumstances - Propounder of Will is not only required to prove execution of Will in terms of S.63 of Succession Act but is also required to dispel suspicious circumstances if any demonstrated by caveator...........
Will -- Suspicious circumstances - Attesting witnesses and scribe of Will have proved execution of Will in terms of S.63(c) of Succession Act - No evidence on record regarding any incapacity suffered by testator - There is no circumstance to show that testator acted in a manner which a normal prudent man would not - Will is proved...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Coparcenary property - For claim of equal share in ancestral property as per Amendment Act of 2005, coparcener property must be in existence on the date of amendment i.e 9.9.2005...........
