Hindu Succession Act, 1956 -- category 4 of clause (2) of the Schedule - Plaintiff proved to be sister's son of `K' - The defendants are collaterals and do not fall in any of the categories of clauses 1 and 2 of the schedule appended to the Act - Plaintiff held to be preferential heir than the defendants who are collaterals and entitled to succeed the property of the..........
Succession Act, 1925, Section 63 -- Will - Execution of - Proof - The will a registered documents more than 30 years old - Witness categorically stated that `K' signed the will in his presence and the same was attested by `D' - Held that it satisfies the requirements of Section 63 of the Act...........
Hindu Succession Act, 1956, Section 6 -- Joint Family Property - Suit by wife against husband for partition of her share - Held, suit is not maintainable as wife is not entitled to share during lifetime of husband...........
Letters Patent of Punjab and Haryana High Court, Succession Act, 1925, Section 299 , Civil Procedure Code, 1908, Section 104, 2(2), 2(9) -- Letters Patent Appeal against order of Single Judge in appeal under Section 299 Succession Act - Maintainable - Order of Single Judge in appeal under Section 299 Succession Act - Not governed by Section 104 Civil Procedure Code - Is a..........
Succession Act, 1925, Section 299 -- Words 'in accordance with the provisions of the Code of Civil Procedure, 1908' in Section 299 - Do not refer to any substantive rights of parties but merely procedural part thereof - Section 299 expressly provides for appeal to High Court - Right of appeal not conferred under Section 104 Civil Procedure Code - When a final order is..........
Punjab Pre-emption Act, 1913, Section 21A -- Transferee - Improvement in status - Provision nullifies the effect of acquisition of any right by the defendant in a pre-emption suit for the purpose of improvement of his status pendente lite except by way of inheritance or succession - It is not attracted only in a case where one of the co-owners as a defendant in a..........
Punjab Pre-emption Act, 1913, Section 21A -- Improvement in status by acquisition for the purpose of Section 21-A - Means a status which is undisputable and/or not amenable to challenge and not the one in controversy or subject matter of challenge before a competent Court - Defence of improvement in status based on second sale for purpose of first suit - Cannot be accepted..........
Will -- Proof - Person propounding the Will has to be prove that the Will was duly and validly executed - It cannot be proved by simply proving that signatures are that of the testator - It must be proved that attestations were also made properly as required by S.63(c) of Succession Act...........
Succession Act, 1925, Section 63 -- Person propounding Will - Must prove that Will duly and validly executed - Cannot be done by simply proving that signature on Will that of testator - Must also prove that attestations made properly as required by clause (c) of Section 63 - Section 68 Evidence Act gives a concession that at least one attesting witness has to be called for..........
Evidence Act, 1872, Section 71, 68 -- Section 71 in the nature of safeguard to mandatory provisions of Section 68 to meet a situation where not possible to prove execution of Will by calling attesting witnesses, though alive - Aid of Section 71 can be taken only when attesting witnesses, who have been called, deny or fail to recollect execution of document to prove it by..........
