Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Indian Succession Act, 1925

Monday, May 24, 2010
Indian Succession Act, 1925

Indian Succession Act, 1925 — Section 230 — Deemed renunciation — Held, there cannot be a deemed renunciation.

 
Indian Succession Act, 1925

Indian Succession Act, 1925 — Section 230 — The language of the Section, held, is too clear to be tinkered with — There has to be a scrupulous adherence to the Section before an executor is refused the probate under Section 230. 

 
Indian Succession Act, 1925

Indian Succession Act, 1925 — Section 230 — The provision of Section 230 lays down specifically as to how the executor renounces his character as an executor.

 
Thursday, April 16, 2009
Indian Succession Act, 1925

Succession Act, 1925 — Section 63 — Will — As per provisions of Section 63 of the Succession Act, for the due execution of a Will (1) the testator should sign or affix his mark to the Will; (2) the signature or the mark of the testator should be so placed that it should appear that it was intended thereby to give effect to the writing as a Will; (3) the Will should be attested by two or more witnesses, and (4) each of the said witnesses must have seen the testator signing or affixing his mark to the Will and each of them should sign the Will in presence of the testator — The attestation of the Will in the manner stated above is not an empty formality — It means signing a document for the purpose of testifying of the signatures of the executant — The attested witness should put his signature on the Will animo attestandi — It is not necessary that more than one witness be present at the same time and no particular form of attestation is necessary.

 
Indian Succession Act, 1925

Succession Act, 1925 — Section 63 — Evidence Act, 1872, Section 68 — Will — Having regards to the provisions of Section 68 of the Evidence Act and Section 63 of the Succession Act, a Will to be valid, held, should be attested by two or more witnesses in the manner provided therein and the propounder thereof should examine one attesting witness to prove the will.

 
Wednesday, April 15, 2009
Indian Succession Act, 1925

Succession Act, 1925 — Section 63(c) — Evidence Act, 1872, Sections 68 and 90 — Held, the provisions of Section 90 of the Indian Evidence Act keeping in view the nature of proof required for proving a Will have no application — A Will must be proved in terms of the provisions of Section 63(c) of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872.  

 
Friday, November 14, 2008
Indian Succession Act, 1925

Succession Act, 1925 — Sections 283 and 266 — Civil Procedure Code, Order 20 Rule 18 — Testator executed a Will in favour of his brother and sister by giving half of his house to his brother and other half to his sister — The Will, however, contained a stipulation that after the death of the sister, brother would be entitled to occupy the house absolutely — Held, sister acquired a life interest only and not an absolute interest — Further held, sister is entitled to file a suit for partition subject to the declaration that the interest of the sister-respondent is confined to life interest only.

 
Indian Succession Act, 1925

Succession Act, 1925 — Section 88 — In the event of inconsistency between two parts in the Will, the last shall prevail having regard to Section 88 of the Act, but, once it is possible to give effect to both the clauses which although apparently appears to be irreconcileable, the court should take recourse thereto.  

 
Saturday, June 14, 2008
Indian Succession Act, 1925

Indian Succession Act, 1925 — Application for grant of probate or letters of Administration, held, is covered by Article 137 of the Limitation Act, 1963 — Limitation Act, 1963.  

 
Indian Succession Act, 1925

Indian Succession Act, 1925 — Section 278 read with Section 232 — Limitation Act, 1963, Article 137 — Probate petition filed by respondent No.5 withdrawn on 9.8.1999 — Whether petition filed by respondent Nos.1 to 3 on 7.8.2002 under Section 278 of the Indian Succession Act, 1925, for grant of letters of Administration  can be said to be barred by limitation? — Held, no — Learned Additional District Judge after referring to Section 232 of the Act has rightly held that the cause of action in favour of the respondent Nos.1 to 3 had arisen only when the Probate Petition No. 22 of 1996 filed by Ms. Nirmal Jeet Kaur-respondent No.5 was withdrawn on 9.8.1999 and therefore the Petition for grant of Letters of Administration filed on 7.8.2002 was filed within three years and therefore was within time.

 
Saturday, February 02, 2008
Indian Succession Act, 1925

Indian Succession Act, 1925 — Section 384 — An appeal under Section 384 of the Indian Succession Act, 1925, held, is a regular appeal and all questions of fact as well as of law could be agitated — It was, therefore, incumbent on the Division Bench of the High Court, in the present case, to admit the appeal and to decide it after appreciating the evidence on record by a detailed and reasoned judgment — Dismissal of appeal in limine by the Division Bench was improper — Appeal allowed — Order passed by the Division Bench, set aside — Appeal remitted to the Division Bench of the High Court to be decided in accordance with law after recording reasons.

 
Friday, October 12, 2007
Indian Succession Act, 1925

Indian Succession Act, 1925 — Section 263 — Revocation of grant of probate — Whether an application under Section 263 of the Indian Succession Act for revocation of grant of probate would be maintainable, inter alia, on the premise that the appellants name was not cited in the said application for grant of probate? — Held, yes — An application for grant of probate is a proceeding in rem — A probate when granted not only binds all the parties before the Court but also binds all other persons in all proceedings arising out of the Will or claims under or connected therewith — Being a judgment in rem, a person, who is aggrieved thereby and having had no knowledge about the proceedings and proper citations having not been made, is entitled to file an application for revocation of probate on such grounds as may be available to him — Appeal allowed.

 
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