Succession Act, 1925 -- Chapter VI - Will - Construction of - Intention of testator - The Will as a whole must be considered and not merely the particular part thereof - It is imperative that nothing should be read there in to invalidate the same. Attending circumstances also required to be taken into consideration besides intention of the maker of Will...........
Succession Act, 1925 -- Chapter VI - Will - Construction of - Possible contingencies are required to be taken into consideration - Only because a part of a document is invalid, the entire document need not be invalidated, if the former forms a severable part...........
Hindu Succession Act, 1956, Section 4 -- Customary Law has been specifically excluded in terms of Section 4 of Hindu Succession Act...........
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Will - Execution of - Proof - Suspicious circumstances - Proof of attestation of Will is a mandatory requirement - Mode and manner of proof of due execution will depend upon the facts and circumstances of each case - It is for the propounder of the Will to remove the suspicious circumstances - No evidence..........
Evidence Act, 1872, Section 68, Succession Act, 1925, Section 63 -- Will - Proof of execution - Requirement - Proof of execution of Will shall strictly be in terms of Sec. 63 of Succession Act - Where there are suspicious circumstances surrounding the execution of the Will, the onus is on the propounder to remove the suspicious circumstances - Mere compliance of statutory..........
Evidence Act, 1872, Section 68, Succession Act, 1925, Section 63 -- Will - Burden of Proof, (i) Propounder of the Will has to prove that the Will has been validly executed and is a genuine document, (ii) Propounder to prove that the testator has signed the Will and that he had put his signature out of his own free will having sound disposition of mind and understood the..........
Indian Penal Code, 1860, Section 302 -- Nature of offence - Assault with big knife and three blows inflicted in quick succession on vital parts of body - Assault though not premediated but deceased was unarmed and there was no provocation on the part of the deceased - Offence falls u/s 302 IPC and not u/s 304 Part II IPC...........
Hindu Succession Act, 1956, Section 25 -- Inheritance - Murderer disqualified - Widow prosecuted for murder of her husband - Acquittal of widow in the criminal case - Held, widow is not disqualified from succeeding to the state of her deceased husband...........
Indian Penal Code, 1860, Section 302, 304 -- Part II - Nature of offence - Nineteen injuries caused in quick succession - Cannot be said to have been caused as a result of grave and sudden provocation - The very fact that so many injuries were caused in quick succession on vital parts of body particularly when deceased was unarmed and in a helpless situation is sufficient..........
Hindu Succession Act, 1956, Section 8 -- Son who inherits his father's assets u/s 8 of the Act does so in his individual capacity and not as a Karta of the Hindu Undivided Family...........
