In the matter of Premakumari. R. V. O.K. Sivasankara Pillai; decided on 04.01.2024 by the Hon’ble High Court of Kerala; RFA No. 197 of 2013 FACTS This appeal arises from the judgment and decree dated […]
The Supreme Court in the matter of M. Arumugam vs. M. Ammaniammal (Civil Appeal No. 8642 of 2009) decided on 08.01.2020 held that a HUF property devolving under Section 8 of the Hindu Succession Act, […]
The Supreme Court has observed that the witnesses to documents such as Sale Deeds and Wills need not necessarily know what is contained in them. The said observations were recorded in the matter of […]
The Supreme Court has held that the rights of succession and inheritance of a Goan domicile shall be governed by the Portuguese Civil Code, 1867 as applicable in the State of Goa. Rights of succession […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.