Practice – In cases Not provided for by this Chapter, or by the rules of procedure laid down in the Indian Succession Act, or the Administrator-General’s Act, or the Code, the practice and procedure of the Probate Division of...
Probate of will
Law of Bangladesh-2020 Edition The Administrator General’s Act 1913 ( ACT NO. III Of 1913 ) [ 27th February, 1913 ] An Act to consolidate and amend the Law relating to the office and duties of Administrator General. WHEREAS...
Evidence Act, 1872—Sections 67, 68, 45 and 47—Execution of Will—Proof of—The burden of proof is on the person propounding the Will.
Hindu Law—Partition—Partition suit decreed by High Court in favour of defendant-respondent reversing decree of Trial Court—Some manipulative alterations were made in Will giving an impression that before putting his left thumb mark, testator had consciously disinherited respondent—Execution of second...
WILL-it is the overall assessment of the Court on the basis of the unusual features appearing in the Will or the unnatural circumstances surrounding its execution, that justifies a close scrutiny of the same before it can be accepted.
In the case of Smt. Radhika Devi and Another Vs. Ajay Kumar Sharma and Others [ (2011) 1 PLJR 845 : (2010) 66 RCR(Civil) 445 PATNA HIGH COURT]and submitted that no probate can be granted with regard to joint family property. From...
It is well established and it stands reiterated by the Apex Court in Bharpur Singh and Ors. vs. Shamsher Singh (2009) 3 SCC 687 and the suspicious circumstances, which are likely to surround the execution of a Will, highlighted...
Even otherwise ordinarily a transferee pendent lite without leave of the court cannot be impleaded as a party
Calcutta High Court in Prabhat Nath Das v. Ramendra Kumar Saha, ILR 61 1081[division Bench] Division Bench of this Court held as follows: ‘……..The grant of a probate is not a condition precedent to the institution of the suit...
Keywords : will-Calcutta High court rule The existence of a caveatable interest would depend upon the fact situation of each case. DATE : November 23, 2017. SUPREME COURT OF INDIA Yash Vardhan Mall Vs. Tejash Doshi [Civil Appeal Nos.19635-19636...
15-04-1955 AIR 1955 SC 566 : (1955) 2 SCR 270 (SUPREME COURT OF INDIA) Anil Behari Ghosh Appellant Versus Smt. Latika Bala Dassi and others Respondent (Before : Vivian Bose, B. Jagannadhadas And B. P. Sinha, JJ.) Civil Appeal...
11-10-1996 An application to revoke probate or letter of administration would be treated as miscellaneous application. The application to revoke the probate or letter of administration thus may be disposed of by the District Judge either summarily or in...
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