Indian Succession Act 1925

18th Sep, 2018

Letter of administration to be granted for an immovable property if all other legal heirs served through publication and have not contested the petition

In a recent judgment, the Delhi High Court, held that when two Class II legal heirs have filed their no-objection to the petition for grant of letter of administration and other Class II heirs have […]
31st Jul, 2018

If an Executor to a Will fails his duty, the beneficiaries/legatees to that Will may intervene.

In a recent judgment, the Delhi High Court, held that in case of a petition for probate of a Will, if the executor fails in his duty, any of those whom he represents are entitled […]
23rd Jul, 2018

The non-mention of the gift deed and a contrary bequest in the Will makes the Will suspect.

  The High Court of Delhi held that all the circumstances such as, long gap of time, the non-mentioning of the gift deed, the non-production of an official from the Sub-Registrar’s Office, non-familiarity of the […]
17th Jul, 2018

Legal principles for proving of a will – Recapitulated

The Madras High Court was faced with a suit for grant of letter of administration wherein the it restated while applying the existing legal principles for proving genuineness of a will. The judgement was delivered […]
1st Jun, 2018

Indian Succession Act does not bar the succession of property of any Indian Christian by a foreign national by inheritance

The Apex Court held that there is no bar under the Indian Succession Act upon devolution of property of an Indian Christian upon a foreign national by succession. The said dicta was pronounced by the […]
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