Succession Act, 1925, Section 213 - - Probate - Scope - Provision of S.213 of Act is only for the purposes of establishing rights as executor under the Will or rights as legatee/beneficiary under the Will - It does not come into play in connection with establishment of rights as legal representative of deceased for limited purpose of prosecuting the litigation...........
Hindu Law -- Joint Family Property - Devolution of interest - Two suits regarding same facts - No evidence on record to show that property was purchased from the income of joint family and was not self acquired property of executor - Neither there existed a valid gift deed which would confer any right upon plaintiff in Ist suit nor any valid will existed which would..........
Will -- Execution - Registration of Will does not create any presumption of its genuineness, which is to be proved independently and statement of Registrar is only a piece of evidence which is to be assessed to judge how far it proves that execution of Will is in accordance with S.63 of Succession Act...........
Will by coparcener -- A coparcener can execute a Will bequeathing his undivided interest in joint family properties but not any specific property in favour of another coparcener or stranger. (Hindu Succession Act, 1956, S.30)...........
Tenancy Law -- Tenancy rights - Divesting of tenancy rights by means of a Will is subject to tenancy laws of concerned State - General tenancies are to be regulated by governing legislation which favour that tenancy be transferred only to family members of deceased original tenant - However, in absence of any specific provision, general laws of succession apply...........
Succession Act, 1925, Section 213, 52 - - Parsi female executed a Will which was not probated - Held, when Will of a Parsi is not probated then no legatee can claim right by means of same and such testator is treated to have died intestate - Therefore, property was to be divided equally among children without distinguishing between children and step-children - Thus, in..........
Will -- Execution - Proof - A person propounding Will has to prove that Will was duly and validly executed - That cannot be done by simply proving that signature on Will was that of testator but must also prove that attestations wee also made properly as required by clause (c) of S.63 of Succession Act...........
Hindu Succession Act, 1956, Section 6 -- Devolution of interest - Daughter has a substantive right in coparcenary property from date of her birth - Such right can be asserted by daughter in respect of all coparcenary properties, except those which have been disposed of or alienated in the manner and subject to conditions as stated in S.6(1)(5) and she can re-open earlier..........
Hindu Succession Act, 1956, Section 6 -- Devolution of interest - S.6 is not prospective in nature - It relates back to the event of birth of daughter and if at that time coparcenary is in existence, all rights of a male coparcener would flow towards daughter coparcener and enrich daughter coparcener in accordance with law...........
Will -- Succession - Two or more rights - Doctrine of election to proceed either to inherit as per Will or to inherit as successor-i, interest - Upon death of person if there is a bequest by way of Will, legal heirs can elect whether to proceed to inherit the estate of deceased as per will or inherit the estate as legal heirs and successor-i, interest of deceased - Thus,..........
