Civil Procedure Code, 1908, Order 22, Rule 4, Succession Act, 1925, Section 213 -- Impleading L.R's - Death of defendant - Substitution of legatee of Will - Suit for injunction - Right of a legatee to pursue legal proceedings on the basis of u, probated Will cannot be curtailed as S.213 of Succession Act bars passing of decree of final order in a case which involves claim..........
Hindu Succession Act, 1956, Section 23(Omitted -- (Omitted by Amendment Act 2005) - Hindu Succession (Amendment) Act, 2005, came into force during pendency of second appeal - Benefit of amendment Act is available to plaintiffs, as second appeal is continuation of suit...........
Hindu Succession Act, 1956, Section 6, 23 -- (as per 2005 amendment) - Co-parcenary rights of daughter - Suit for partition of undivided dwelling house - S.6 confers rights on daughters irrespective of when they are born - Omission of s.23 from 1956 Act confers right on Class-I female heir to claim partition in dwelling house without any eventualities - Hence, plaintiff..........
Succession Act, 1925, Section 372, 383 -- Succession certificate - Revocation - Required details for succession certificate not furnished except disclosing of divorce between deceased and non applicant and that whereabouts of non applicant not known for 12 years - Non applicants necessary party - Succession proceedings vitiated for non impleading of non applicant -..........
Hindu Succession Act, 1956, Section 14(1) -- Enlargement of estate - Property given to Hindu female in lieu of maintenance - No restriction can be put on her right over the property and it does not require any registered conveyance in order to claim an absolute right over the property on such property being given in lieu of her maintenance...........
Will -- Proof - None of the witnesses deposed that Will was executed by testator as per provisions of S.63 of Indian Succession Act - Will, held, not validly executed...........
Hindu Succession Act, 1956, Section 23(as -- Dwelling house - Right of female to seek partition - Female being class - I heir is now entitled to seek partition of dwelling house in view of amendment of S.23 of the Act - Even though suit filed prior to said amendment but since the lis is continuing in second appeal which is already admitted, there arises no legal objection..........
Succession Act, 1925 -- Property of transgender (eunuch) - In the absence of any religion being professed or claimed by transgender, succession matters are governed by customs prevalent in their society, and not by Hindu Succession Act...........
Hindu Succession Act, 1956, Section 2 -- Applicability of Act - Religion not pleaded in plaint - Hindu Succession Act not applicable, as merely because particular name suggests to be Hindu, inference cannot be drawn that person follows Hindu religion...........
Succession Act, 1925, Section 281 -- Probate - Non-verification of probate petition by one witness to Will, makes the petition defective one - Grant of probate improper for want of no, compliance of S.281 of the Act...........
