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Will

Case BriefsHigh Courts

Senior Citizen soon to enter her 90’s desired to end her life: Son and Grandson mentally left no stone unturned to make life of ‘grandmother’ a living hell | Bom HC emphasizes on family and societal values being perished

Bombay High Court: G.S. Kulkarni, J., addressed an ordeal of a senior citizen who would be soon in her nineties and was

Published on December 20, 2021December 31, 2021By Bhumika Indulia
Leave a comment2783 views
Case BriefsHigh Courts

Law on Testamentary Proceedings | Prior to proving a Will, its execution is to be proved first by an attesting witness? Del HC explains

Delhi High Court: Asha Menon, J., explained the concept of proving a Will by an attesting witness. The chamber appeal was preferred

Published on October 26, 2021October 29, 2021By Bhumika Indulia
Leave a comment6485 views
Case BriefsSupreme Court

Appellate Courts can’t “unnecessarily create” suspicion in absence of objection to validity of a Will: Supreme Court 

“A testamentary court is not a court of suspicion but that of conscience.”

Published on October 14, 2021October 14, 2021By Prachi Bhardwaj
Leave a comment3458 views
Case BriefsSupreme Court

Mutation entry doesn’t confer any right, title or interest in favour of person and the objective is only for fiscal purpose: Supreme Court

Supreme Court of India: Observing the well-settled position of law that, Mutation Entry does not confer any right, title or interest in

Published on September 28, 2021September 30, 2021By Bhumika Indulia
1 Comment65415 views
Case BriefsSupreme Court

Can putting thumb impression instead of sign cause adverse presumption on genuineness of deed. What is proper stage to object regarding mode of proof? SC discusses

Supreme Court: Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ., expressed that, Key characteristic of thumb impression is that every person

Published on August 18, 2021August 20, 2021By Bhumika Indulia
Leave a comment8010 views
Case BriefsHigh Courts

Del HC | Under S. 263 of Succession Act, can a person approach High Court for grant of probate or letter of administration or revocation or annulment? HC addresses the issue

Delhi High Court: Mukta Gupta, J., decides a matter revolving around the Will of a deceased person. Factual Background Instant suit was

Published on July 15, 2021July 23, 2021By Bhumika Indulia
Leave a comment7880 views
Case BriefsHigh Courts

[Will] HP HC | Where the document is written by one person and signed by another, the handwriting of the former and the signature of the later have both to be proved in view of S. 67 of the Evidence Act

Himachal Pradesh High Court: Tarlok Singh Chauhan, J. dismissed the appeal being devoid of merits. The facts of the case are such

Published on April 27, 2021April 30, 2021By Editor_4
Leave a comment4979 views
Case BriefsHigh Courts

Del HC | How to prove unsoundness of mind in absence of medical records? When does presumption of being under influence arise? On whom lies burden of proof? Court answers while rejecting challenge to a Will

Delhi High Court: Rajiv Sahai EndLaw, J., while addressing a very significant issue revolving around ‘Will’ expressed that: Litigation in a Court

Published on March 16, 2021By Bhumika Indulia
Leave a comment11396 views
Case BriefsHigh Courts

MP HC | Do the revenue authorities have jurisdiction to decide the correctness and genuineness of a “Will”? Court explains

Madhya Pradesh High Court: G.S. Ahluwalia, J., disposed of a writ petition setting aside the orders passed by the Board of Revenue

Published on February 19, 2021February 26, 2021By Editor_4
1 Comment7512 views
Case BriefsSupreme Court

“Sale agreement does not remain a stand-alone document if it is mentioned in the disputed Will, and obligations thereunder are purportedly passed on to the legatee”; SC restores findings of Trial Court

Supreme Court: The 3-judge bench of Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy, JJ., has set aside the order of High

Published on January 21, 2021January 22, 2021By Editor_4
1 Comment5580 views
Case BriefsHigh Courts

HP HC | Suit land being inherited by wife through ‘Will’ lost its character of Joint Hindu Coparcenary Property in view of S.14 of Hindu Succession Act, 1956; Court denied rights to children

Himachal Pradesh High Court: Sandeep Sharma J., upheld the impugned judgment on merits. The facts of the case are such that the

Published on October 23, 2020October 30, 2020By Editor_4
2 Comments4516 views
Case BriefsSupreme Court

Execution of Will| Sufficient to prove attestation of one attesting witness to be in his handwriting when both attesting witnesses are dead

Supreme Court: Explaining the requirement under Section 69 of the Evidence Act pertinent to Section 68 of the Evidence Act that the

Published on July 20, 2020July 24, 2020By Prachi Bhardwaj
1 Comment18624 views
Case BriefsSupreme Court

Testamentary disposition of agricultural land to a non-agriculturist defeats the purpose of Sections 43 and 63 of Bombay Tenancy Act

Supreme Court: The 3-judge bench of UU Lalit, Indu Malhotra and AS Bopanna, JJ has held that an agriculturist cannot part with

Published on June 16, 2020July 3, 2020By Prachi Bhardwaj
Leave a comment6775 views
Cabinet DecisionsLegislation Updates

Cabinet approves — National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Bill, 2019

40 Lakh persons of 1731 Unauthorised Colonies to be benefited

Published on November 22, 2019November 22, 2019By Bhumika Indulia
1 Comment2268 views
Case BriefsHigh Courts

HP HC | Court can’t be unmindful of development of law during pendency of litigation; Property to be governed according to amended S. 6 of Hindu Succession Act

Himachal Pradesh High Court: The instant writ is before the bench of Tarlok Singh Chauhan, J. filed by the appellant who was

Published on July 20, 2019July 25, 2019By Bhumika Indulia
Leave a comment3185 views
Case BriefsHigh Courts

Bom HC | Not open to Probate Court to exceed its jurisdiction by enquiring into issues of title in probate proceedings

Bombay High Court: Sandeep K. Shinde, J. examined the scope of jurisdiction to be exercised by the Probate Court, and allowed an appeal

Published on June 13, 2019June 19, 2019By Bhumika Indulia
Leave a comment2628 views
Case BriefsHigh Courts

MP HC | Right to become Mujahir and Mutawali on the basis of Will and Succession; Order of Wakf Tribunal to first decide owner of Dargah property upheld 

Madhya Pradesh High Court: The Bench of Vivek Rusia, J. upheld the order of dismissal for want of locus standi passed by

Published on May 6, 2019May 6, 2019By Bhumika Indulia
Leave a comment2552 views
Case BriefsHigh Courts

Chh HC | Govt. servant cannot make Will of family pension; guiding principles regarding retiral benefits vis-a-vis testamentary disposition recapitulated

Chhattisgarh High Court: Sanjay K. Agrawal, J. has held that a Government servant is not entitled to make a Will of the family

Published on May 2, 2019May 7, 2019By Bhumika Indulia
Leave a comment4363 views
Case BriefsHigh Courts

P&H HC | Financial contribution for sale of property not a suggestion of benami transaction

Punjab & Haryana High Court: Appellant had prayed before the Bench of Surinder Gupta, J., that the Will made by mother of

Published on April 30, 2019May 7, 2019By Bhumika Indulia
Leave a comment1893 views
Case BriefsHigh Courts

Letters of Administration under Section 228 Indian Succession Act granted on a Will proved and registered in High Court of Justice, Leeds, UK

Delhi High Court: A Single Judge Bench comprising of Jayant Nath, J. allowed a petition filed under Section 228 read with Section 276

Published on November 13, 2018November 16, 2018By Bhumika Indulia
Leave a comment5725 views

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