Hindu Succession Act, 1956, Section 14(1), 14(2) -- Daughter getting life interest in property by way of Will or gift or any other document - Such rights would not stand crystallised into absolute ownership...........
Will -- Execution - Will changes the course of succession - Will should be proved beyond reasonable doubt...........
Hindu Succession Act, 1956, Section 15(2)(b) -- The provision of S.15(2)(b) of the Act will have application when there is an intestate succession and not otherwise - A provision has been made u/s 15(2)(b) of the Act to ensure that property left by a Hindu female obtained from her husband or father-i, law where she had no son, daughter or predeceased son or daughter should..........
Hindu Succession Act, 1956, Section 14(1) -- Death of Hindu male before commencement of the Act - Mother of deceased was in possession of suit property along with his widow and daughter - Mere possession of suit property without any right does not confer any title on the mother of deceased...........
Hindu Succession Act, 1956, Section 14(1) -- Death of a Hindu male in the year 1934 dying intestate leaving his widow and son and daughter - Hindu male left behind undivided coparcenary property - Widow not entitled to claim any interest in the coparcenary property - Also daughter had no right or interest in the coparcenary property which devolved upon son - Upon death of..........
Civil Procedure Code, 1908, Order 20, Rule 18, Hindu Succession Act, 1956, Section 23 - - Partition - Joint family property - Right of female heir to seek partition - Held, no right had accrued or come to vest in male heirs against female heirs whose right in dwelling house of family to claim partition was only put under embargo...........
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Will - Execution of - Proof - DW1 categorically deposed that Will was executed by testator in his presence and also in presence of another attesting witness - Both of them have subscribed their signatures after witnessing execution by testator who also witnessed their attestation - Held, Will has been..........
Succession Act, 1925, Section 69 -- Impleadment - Necessary party - Claim of both parties based on two different Wills - Respondents No.1 and 2 allowed to be impleaded as party in suit - Held, petitioner should have also been impleaded as plaintiff as both parties are contesting regarding their claim on basis of two different Wills - Impugned order set aside - Trial Court..........
Succession Act, 1925, Section 63, Civil Procedure Code, 1908, Order 1, Rule 10 -- Grant of succession certificate - Impleadment - Revision petitioners have come out with serious objections questioning very authority of Committee which was allegedly formed before ever succession certificate is issued to respondent-committee - Original Will also in custody of revision..........
Succession Act, 1925, Section 371 -- Succession certification - Territorial jurisdiction - Court at the place where deceased ordinarily resides has the jurisdiction and not the Court where deceased was having a home or domicile of residence or was having some properties...........
