Succession Act, 1925, Section 14, 372, Hindu Succession Act, 1956, Section 2 -- Succession to the estate of deceased, who died intestate, claimed by mother as well as by widow - Widow remarried after death of husband - Held, succession never remains in abeyance - Moment person dies intestate, his legal heirs succeed to his estate for which no other activity is required -..........
Nomination -- Only authorizes the nominee to receive the payment - However, the legal heirs of the deceased are entitled to the same in accordance with law of succession. The succession may be testamentary or intestate - The amount does not belong to the nominee and it remains the property of the legal heirs...........
Evidence Act, 1872, Section 68, Succession Act, 1925, Section 63, 74 -- Execution of will - Suspicious circumstances - Executant left behind eight sons and two daughters but bequeathed his entire estate in favor of one son - No reason assigned for exclusion of other sons - Material on record indicating that deceased used to look after needs of all his sons - Held, in this..........
Succession Act, 1925, Section 214 -- Appellant took loan from the deceased - Legal heirs of deceased filed suit for recovery of loan money without obtaining succession certificate - Under Section 214 suit for recovery of debt of deceased person through court, the proof of representative title is a pre condition - This succession certificate is required at the time of..........
Family settlement -- Error alleged to have been committed in effecting a settlement in ignorance of provisions of Hindu Succession Act - Ignorance of rights flowing from Hindu Succession Act cannot be a ground to set aside a family settlement - Family settlement would operate as an estoppel preventing parties thereto from disavowing its contents...........
Family settlement -- In a family settlement family members resolve their differences and decide to apportion property amongst its members, irrespective of rights or shares actual or perceived flowing from the Hindu Succession Act - A settlement may confer rights upon members of the family, who have a possible or perceived claim to property, which would then be deemed to..........
Hindu Succession Act, 1956, Section 22 -- Preferential right to acquire property - Four brothers - One of the brothers purchased the shares of other two brothers and thereafter sold his share as well as the share of two brothers to petitioner - Widow of fourth brother claiming preferential right to purchase the share of other co-owners - Held, widow does not qualify to..........
Succession Act, 1925, Section 276 -- Letters of administration - In respect of registered Will - Original Will not filed with petition - Not fatal as Will is registered - Genuineness and validity of Will proved by summoning records from office of Registrar of Assurance containing copy of Will signed by testator and attesting witnesses - Held, it can be treated as a primary..........
Hindu Succession Act, 1956, Section 23 -- (Repealed after 2005 amendment) - Appeal by brother against grant of share to sisters in property - Bar on right of female heirs of Hindu intestate to claim partition - Prior to amendment also there was no bar to inheritance of property of Hindu intestate by daughters/females being class I heir under the act - Held, right of..........
Hindu Succession Act, 1956, Section 23 -- (Repealed after 2005 amendment) - Bar created by S.23 of the Act removed by amendemnt of 2005 - Trial Court bound to take note of change in law which has taken place during pendency of the case and decide the case as per that law - Respondent held, entitled to get dwelling house partitioned - Order of partition upheld...........
