Will -- Suspicious circumstances - Execution of Will in favour of five sons to the exclusion of sixth son - Marginal witness to the Will had deposed that all the five sons/plaintiffs were present at the time of execution of Will but sixth son/defendant was not present - However, PW3 has deposed that Will was found while cleaning the house after 5-6 months after the death..........
Mutation -- On basis of un-probate Will - Directions issued to Revenue-cum-Tahasildars relating to mutation of records on basis of un-probated Wills in Gadajat areas of State of Odisha (those were under ex-princely State, viz. (i) Revenue Authorities including Tahasildars and others, those are dealing with mutation cases in areas inside State of Odisha (those were under..........
Succession Act, 1925, Section 276 -- Probate - Will - Inquiry as contemplated under law to be conducted by Probate Court, primarily involves the satisfaction of Court regarding compliance of S.63(c) of Succession Act...........
Hindu Succession Act, 1956, Section 15(1)(d) -- Succession - Nominee on the basis of nomination exercised by deceased cannot claim to be an heir of deceased and cannot claim the amount on basis of nomination - It is obligatory on his part to distribute the amount to legal heirs of deceased - Legal heirs entitled to 1/3rd share each as per S.15(1)(d) of the Act...........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Where pre-existing right is conferred on woman, she would acquire an absolute right u/s 14(1) of the Act...........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Limited right created in favour of woman in lieu of maintenance - Since right to maintenance is recognized as pre-existing right, limited right created in favour of woman under management deed would automatically get enlarged to absolute right by operation of S.14(1) of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Partition suit - Suit land was inam re-granted to defendant no.1 - He was granted ownership and thus, he was absolute owner and entitled to dispose of property - When father and grandfather of plaintiff never objected to sale deed or asserted any right in respect of property,..........
Mutation -- Granted in breach and violation of law of succession - Basic mutation and consequent mutation rightly set aside...........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu male dying intestate - Deceased had died after coming into force of the Act - Legal heirs of deceased were co-sharers thus, had equal share in disputed land - One of co-sharers `K' had no power to execute Will of entire land except of his share and on account of Will, mutation entered in the name of `K' was void ab..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of ownership - Plaintiff failed to prove that she was legally wedded wife of original owner - Succession certificate granted in favour of plaintiff was subsequently revoked - Plaintiff even failed to prove that she is class-I heir of original owner - Suit rightly dismissed...........
