Mahomedan Law -- Will - Probate - Probate Case with respect to Will of a deceased Mahomedan is not maintainable as provisions of Succession Act pertaining to testamentary succession does not apply to Mahomedans - However, at the request of petitioner and other heirs of tetastor probate petition is converted into a suit for declaration, as heading of the case should not..........
Indian Penal Code, 1860, Section 302, 323, 325, 149 -- Murder - Unlawful assembly - Common object - Testimony of injured and eye witnesses - Several assailants were involved in the crime - All of a sudden they came and entered into the house of complainant armed with various weapons, inflicted injuries to several persons including deceased in quick succession in a time..........
Muslim Law -- Will - Proof - Will in question proved through testimony of attesting witnesses as a registered document - Exclusion of respondent No.1 by testator from his succession is also proved on record - No documentary evidence proved on record to belie genuinity and authenticity of Will, as no attempt made to examine any expert - Moreover, concurrent findings of both..........
Hindu Succession Act, 1956, Section 6 - - Coparcenary property - Decree of partition passed in the year 2000 - Not affected by the Amending Act...........
Hindu Succession Act, 1956, Section 6 - - Coparcenary property - Father died intestate leaving behind his widow and four sons - On his death S.6 proviso of Act would apply - Equally upon application of S.6 Explanation 1 of Act, a partition must be said to have been effected by operation of law immediately prior to death...........
Hindu Law -- Joint family property - Partition - Father died in 1973 leaving behind his widow and four sons - Ancestral property in the hands of father and other coparceners, devolved by succession u/s 8 of Hindu Succession Act and thus, ceased to be joint family property on the death of father - Widow and other co-parceners held the property as tenants in common and not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Entire claim of plaintiff in the suit property is in contravention of provisions of Hindu Succession Act - Grand father of plaintiff being sole and absolute owner of property, died after coming into force of Hindu Succession Act - Property in..........
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..........
Civil Procedure Code, 1908, Section 11, Succession Act, 1925, Section 387 -- Res judicata - Succession certificate granted to Ist wife of deceased holding that second marriage was illegal - Does not operate as res judicata on subsequent proceedings for establishing the same right - While granting succession certificate, Court has no authority to determine marital status of..........
Succession Act, 1925, Section 278 -- Letters of administration - Objections - Locus standi - Merely because judgment in a testamentary case operates in rem, it does not mean that any and every person can file objections - Only such persons can file objections who would either be the legal heirs of the deceased testator under the Hindu Succession Act, 1956 if the deceased..........
