Succession Act, 1925, Section 299, Civil Procedure Code, 1908, Section 96, 2(2), Order 43, Rule 1 -- Order in probate proceedings - Appeal theragainst - Maintainability - Held, order in probate application is not a decree - Question of application of S.96 of CPC does not arise - Hence first appeal is not maintainable - Misc. appeal agaisnt order would be maintaianlbe..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Petitioner firm holding a quarry licence for quarry No.164/A - Respondent firm claiming succession certificate in respect of quarry No.164-1 - Petitioner firm seeking its impleadment in succession certificate proceedings in respect of quarry No.164-1 - Held, petitioner firm who is claiming right for quarry..........
Succession Act, 1925, Section 213, 57 -..........
Hindu Succession Act, 1956, Section 14(2) -- A widow who succeeds to the property of her deceased husband on the strength of his will, cannot claim any right other than those conferred by Will - Thus life estate given to her under a Will cannot become an absolute estate under S.14(2) of the Act...........
Hindu Succession Act, 1956, Section 6 -- (As amended) Partition - Mesne profits - In absence of any pleadings and proof and in absence of any enabling legal provision to award mesne profits in a suit for partition, plaintiff is not entitled to mesne profits or maintenance...........
Indian Succession Act, 1925, Section 300, Civil Procedure Code, 1908, Section 15 -..........
Hindu Succession Act, 1956, Section 14(1) -- Immovable property - Right of widow - `J' acquired suit property vide compromise deed dated 30.12.1953, as right of her maintenance, in recognition of her pre-existing right - Held, her right became absolute and she became full owner of suit property, in view of provision of S.14(1) of the Act of 1956 - S.14(1) of the Act of..........
Will -- Distant relation - Suspicious circumstance - Held, a Will is executed by a person only in case he wants deviation from the course of succession for his property - If a person wants his property to go to his legal heirs there is no need for his executing a Will - Disposition would be unnatural, improbable or unfair in the light of the circumstances of exclusion of..........
Hindu Succession Act, 1956, Section 14(2) --- Stridhan - Property inherited by female from her parents as their legal heir cannot be treated as Stridhan property...........
Hindu Succession Act, 1956, Section 15(1), 15(2) --- Succession - Inherited property - Once nature of inherited property altered or changed or substituted, it looses character of inherited property - S.15(1) of the Act would apply in such situation and that S.15(2) has no application...........
