Hindu Succession Act, 1956, Section 6(as -- Succession - Amended provision of S.6 of the Act applies prospectively and not retrospectively - Alienation of property prior to amendment cannot be challenged by daughter...........
Will -- Less share given to one heir - It was mentioned in the Will that plaintiff was not only residing separately but had not been looking after his father - In such circumstances it was natural to reward other son and his daughter who had been taking care of the testator by giving them a larger share than what he would have got in case of normal succession...........
Succession Act, 1925, Section 276 -- Probate - Will - Suppression of material facts - Application filed strictly in conformity with S.276 of the Act - It is not necessary for respondents to disclose in probate application material facts pertaining to indigenous identities of beneficiaries when local legislation prohibits obtaining possession of immovable properties in the..........
Succession Act, 1925, Section 276 -- Probate - Will - Jurisdiction of Probate Court - Is to ascertain and deal with factum and due execution of Will - It has no jurisdiction to go into question of validity of provisions of Will...........
Hindu Succession Act, 1956, Section 6 -- Hindu Undivided Family - Inheritance of ancestral properties after passing of Hindu Succession Act, 1956 does not result in property held as HUF property - Property inherited after 1956 is inherited as self acquired property...........
Specific Relief Act, 1963, Section 34 -- Suit claiming joint ownership on basis of natural succession - Inheritance never remains in abeyance - Plaintiffs deemed to be in possession of every inch of joint land - Plea of defendant that suit filed by plaintiffs is barred by limitation for their failure to challenge mutation within period of 3 years from date of its sanction,..........
Punjab Tenancy Act, 1887, Section 59 -- Gair marusi rights - Right to succession of occupancy tenant is strictly to male lineal descendants only - Since daughter is not an heir to such tenancy, occupancy rights cannot devolve upon any female member in the family...........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Death of plaintiff/testator of Will - Substitution of LR's - Maintainability of application - Legatee under Will, who intends to represent the estate of deceased plaintiff/testator can maintain such application for being impleaded as parties even without probate/succession certificate of Will in question...........
Will -- Proof - Neither original Will produced on record nor permission sought to prove Will by way of secondary evidence - No material on record as to who is the custodian of Will and where it lies - None of attesting witnesses of Will examined - Even thumb impression of testatrix on Will not proved - Will not proved - Property left behind by deceased be inherited by her..........
Succession Act, 1925, Section 276 -- Will - Probate - Grant of - Due execution and attestation of Will proved on record - Defendant failed to prove that signature of testator on the Will is forged - Testator died issueless and plaintiff is the son of brother of testator - Plaintiff as a beneficiary of Will, not a participant in the Will-making process - Defendant failed to..........
