Indian Succession Act 1925

22nd Jan, 2018

A Scribe/Draftsman can be an attesting witness to a Will

A Single Bench of Delhi High Court has held that even a draftsman can be an attesting witness, if the draftsman has signed on the Will having animus attestandi.  The expression animus attestandi means that […]
28th Feb, 2017

A judgment rendered in probate proceedings though a judgment in rem would not be determinative of questions of title and questions of title, existence of property are beyond the jurisdiction of the Probate Court

The Hon’ble Court in the case titled Shri Rakesh Kumar Juneja & ORS. Vs. State Of Delhi & ANR. TEST CAS. 73/2017 decided on 22.12.2017, held that a Probate Court does not decide any questions […]
1st Jan, 2016

Testator can make will only of those properties of which he is the owner #indianlaws

Will is to be executed with regard to the property which the testator possesses, and the dispute, if any, relating to the same is not to be scuttled down under proceeding brought under probate. 
11th May, 2015

Attesting witness with a fading memory cannot prove a Will #indianlaws

The propounder can be initiated to the benefit of Section 71 of the 1872 Act only if the attesting witness/witnesses, who is/are alive and is/ are produced and in clear terms either denies /deny the […]
27th Jun, 2014

All one needs to know about Will in India #indianlaws

The law on intestate succession is governed by the Indian Succession Act, 1925 for all communities except Muslims.
27th Feb, 2014

Proof of Will in India #indianlaws

It is well-known that the proof of wills presents a recurring topic for decision in courts and there are a large number of judicial pronouncements on the subject