Hindu Succession Act, 1956, Section 6(1) -- (as amended) Proviso - Will - A case would fall under S.6(1) Proviso of the Act, only if two things had taken place before 20.12.2004 i.e: (i) execution of Will; and (ii) death of testator...........
Hindu Succession Act, 1956, Section 6(5) -- (as amended) - Partition - An oral partition or a Memorandum recording past partition had always been accepted by Courts, subject to proof - However, benefit of S.6(5) would not be available unless the partition had been effected by a registered deed or a decree of Court...........
Hindu Succession Act, 1956, Section 6(5) -- (as amended) - Partition - Any partition effected through Revenue Courts in the agency areas of State of A.P and effected through award passed by Arbitrators (though before 20.12.2004), would not come within the purview of S.6(5) of the Act...........
Will -- Proof of - Defendant proved the Will in accordance with S.68 of Evidence Act - Will held, proved on record - Even otherwise, genuineness and truth of Will is not challenged by plaintiff, as he only challenged its validity under Hindu Law of Succession...........
Succession Act, 1925, Section 372 -- Succession certificate - Dismissal of case for not filing proper valuation report - Succession certificate is issued after getting valuation done by an approved valuer, when entitlement to the estate/moveables is granted at the time of passing of judgment...........
Succession Act, 1925, Section 55 -- Division of property u/s 55 of the Act - Per stirpes and not per capita - If division is per stirpes, result of one sister's death a day before intestate will make no difference to anybody - Each will still get 50% - Each sister's family by reason of that sister's death at that particular time is placed on an equal footing with each..........
Succession Act, 1925, Section 55 -- Division of property - Per stripes distribution - Group represents a deceased ancestor - Group takes proportional share to which deceased ancestor would have been entitled...........
Hindu Succession Act, 1956, Section 4, Constitution of India, 1950, Article 240, Pondicherry (Laws) Regulation, 1963, Section 2(2A), 3 -- Applicability of Hindu Succession Act - S.4 of 1956, Act, has overriding effect on all the customs - Therefore, Hindu Succession Act alone apply to the Hindus residing in Pondicherry except renouncants who renounced their personal status..........
Will -- Proof - Will required by law to be attested shall not be used as evidence until one attesting witness (if he be alive) has been called for proving its execution, even when its execution is not specifically denied or expressly admitted. (Evidence Act, 1872, Ss.68, 58, Indian Succession Act, 1925, S.63)..........
Will -- Proof - Due execution of Will cannot be proved otherwise than by recourse to S.68 of Evidence Act and S.63 of Indian Succession Act, 1925 - General provision of S.58 of Evidence Act has obviously to give way to the special provision of S.68 of Evidence Act which govern documents required by law to be attested. (Evidence Act, 1872, Ss.68, 58, Indian Succession Act,..........
