Will -- Suspicious circumstances - Spacing between initial 15 lines more than spacing in the last 6-7 lines - Both the marginal witnesses not of the village of testator - Both the marginal witnesses related to the beneficiary - Will not produced at the earliest opportunity especially even at the time of sanctioning of mutation on the basis of succession which was..........
Hindu Succession Act, 1956, Section 8 -- Right of Reversioners - Suit for declaration by one of the revisioner that sale of ancestral immovable property not binding on revisionary rights - Suit decreed by Lower Appellate Court & High Court - Compromise entered between revisioner and alienee before Supreme Court - Subsequent suit by other heirs /revisioners claiming right..........
Succession Act, 1925, Section 276, 81, 89 -- Will - Vague - Will even if genuine but its contents when found to be vague then grant of probate has to be declined - Held, High Court not justified in passing interim orders in mandatory form in terms of which appeal preferred would become infructuous and parties would be forced to give effect to provisions of said Will -..........
Civil Procedure Code, 1908, Section 24, Succession Act, 1925, Section 282, 383 -- Grant of succession certificate - Two persons applying for succession certificate at different places - Case transferred to the Court where property situated...........
Will -- Interpretation of Will - Contents of the Will have to be appreciated in the context of circumstances of testator and not vis-a-vis the rules for intestate succession...........
Succession Act, 1925, Section 370, 372 -- Succession certificate - Can be granted only in respect of debts and securities - Cannot be granted in respect of immovable property...........
Limitation Act, 1963, Article 65(b), Hindu Succession Act, 1956, Section 14 -- Suit for possession - Plaintiff entitled to possession on the death of Hindu Females - Suit not filed within 12 years of death - Limitation period to start running from the date of death of the female - Possession of the defendant became adverse only from that date of death - Suit barred by..........
Hindu Succession Act, 1956, Section 8(b) -- Hindu dying issueless and intestate leaving behind no heir under Class I of Schedule - Property devolves upon heirs specified in Class II of Schedule - Brother - Coming under Entry II to succeed excluding heir coming under Entry IV of Class II heirs...........
Hindu Succession Act, 1956, Section 8 -- Right of Reversioners - Decree of declaration passed that the sale by father not binding on the reversionary right of the plaintiff - Suit for possession on the basis of the said declaratory decree - Relying on Giani Ram case AIR 1969 SC 1144 held that a decree for a declaration obtained by one of the reversionar would ensure..........
Hindu Succession Act, 1956, Section 22 -- Preferential right to acquire property - Suit for - Locus stand! - Plaintiffs class 1 heirs of the `S' who was class 1 heir of `R' who died intestate - Suit filed seeking to enforce their alleged preemptive right to purchase the undivided share of defendant No.1 on the basis of Section 22 of the Act - Plaintiffs not class 1 heir of..........
