Will -- Testator once bequeaths property wholly and solely to his wife and wife is alive on the date of demise of testator, the property becomes of the wife and any provision in Will, of the manner in which the property is to be inherited after the demise of wife, is of no avail - In the absence of a Will of wife, property has to be dealt with in accordance with law of..........
Hindu Succession Act, 1956, Section 15(1)(b) -- Succession - Estate of an issueless widow devolves on the heirs of husband and in absence of such heirs, it devolves upon her mother and father - As deceased in the instant case was not having any issue and her husband also expired her estate would devolve upon legal heirs of her husband as per S.15(1)(b) of Act...........
Hindu Succession Act, 1956, Section 6 -- Right of daughter in co-parcenery property - After amendment of S.6 of the Act, all daughters have to be treated as coparceners entitled to equal share, irrespective of fact whether they are majors or minors or married with one exception that partition should not have taken place before 20.12.2004...........
Hindu Succession Act, 1956, Section 23 -- Daughter - Dwelling house - After deletion of S.23 of Act, a daughter can also seek partition of joint family dwelling house...........
Hindu Succession Act, 1956, Section 6, 29A -- As applicable to State of A.P - Conflict between two provisions - State law shall be void to the extent it is repugnant to or inconsistent with Central Act...........
Hindu Succession Act, 1956, Section 15 -- Succession of property of female Hindu - After death of female Hindu, her husband, daughters and sons are entitled to equal share therein in view of S.15 of the Act...........
Hindu Succession Act, 1956, Section 6 -- Right of daughter in co-parcenery property - Partition suit - Hindu Succession Amendment Act of 2005 was not on statue book when trial Court decided the suit in 1991 but had come into force pending the present appeal - Benefit of said amendment would enure to plaintiff since no final decree had been passed pending appeal - Plaintiff..........
Succession Act, 1925, Section 220 - - Letter of Administration - Permits a person to administer the estate of deceased and nothing more - Its grant or refusal does not affect the right of a legal representative to pursue a suit or proceedings...........
Succession Act, 1925, Section 213 - - Probate - Scope - Provision of S.213 of Act is only for the purposes of establishing rights as executor under the Will or rights as legatee/beneficiary under the Will - It does not come into play in connection with establishment of rights as legal representative of deceased for limited purpose of prosecuting the litigation...........
Hindu Law -- Joint Family Property - Devolution of interest - Two suits regarding same facts - No evidence on record to show that property was purchased from the income of joint family and was not self acquired property of executor - Neither there existed a valid gift deed which would confer any right upon plaintiff in Ist suit nor any valid will existed which would..........
