Hindu Succession Act, 1956, Section 8 -- Joint family property - Devolution - Property of deceased defendant would develop upon deceased husband of plaintiff along with defendant no.2 and daughters of deceased defendant as they are the joint owners of said property by virtue of Class I legal heirs - Plaintiff held entitled to 1/4th share in suit property, till then she..........
Hindu Succession Act, 1956, Section 8 -- Coparcenary property - Partition - After partition in Hindu family, the property fallen to the share of one of the coparceners becomes his separate property - In case of death of such a Hindu male, intestate, the property fallen to his share devolves through succession in favour of his Class-I heirs...........
Hindu Succession Act, 1956, Section 8 -- Coparcenary property - Whenever, a Hindu male who is a member of coparcenary dies before any partition in family, his interest in coparcenary property would devolve by survivorship on other coparceners and not by succession u/s 6 of Hindu Succession Act...........
Transfer of Property Act, 1882, Section 123 -- Gift - deed executed by wife of a Hindu male dying intestate belonging to Mitakshara, in respect of separate property of her husband exclusively to her daughters is void as such property devolves by succession in favour of Class-I heirs of Hindu male u/s 8 of Hindu Succession Act...........
Will -- Three Wills executed in the years 1962, 1974 and 1978 - Will executed in 1974 duly registered - Respondent No.1 had been adopted by testator - Testator earlier annoyed with Respondent No.1 disinherited him - However, following deeper reflections and self introspections, testator decided to cancel the Will executed in 1974 and property bequeathed to Respondent No.1..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration claiming title by succession - Amendment sought to incorporate plea of adverse possession - Amendment sought changes the very nature of suit by claiming title on the basis of adverse possession and abandoning earlier plea of title by succession - Order allowing amendment, set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Property dispute - Claim over land by defendants/daughters of owner - Plaintiff claimed that father of plaintiff was Gaddi and belong to Scheduled Tribe community and according to custom daughters does not inherit property of their father - However, no material on record to prove custom in..........
Succession Act, 1925, Section 237, 238, 239 -- Probate of Will - To obtain probate of a Will, the original Will must be annexed to the application - It is only in exceptional circumstances where the original Will is lost or destroyed or cannot be produced by executor because it is with a person in another state that grant is limited in duration - Party was unable to annexe..........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Laws of inheritance merely stipulated the priority of succession to property of deceased, cannot possibly have been intended to be solely determinative of entitlement to exercise the rights of victim on his/her death in criminal trial process - A criminal offence results in personal injury to victim, which in no way..........
Will -- Execution - Contents of Will were read over and explained to testatrix and she put her thumb impression on the same - Thereafter marginal witnesses signed the Will - Testatrix though old lady was in her senses at the time of execution of Will - Defendant No.1 used to look after testatrix and her last rites were performed by him - Testatrix in lieu of services..........
