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Showing posts with label Indian succession Act. Show all posts
Showing posts with label Indian succession Act. Show all posts
Tuesday, 24 June 2025

What is the difference between representative suit and administration suits as per indian law?

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 Representative Suits vs Administration Suits Representative suits and administrative suits serve entirely different purposes under Indian ...
Friday, 2 August 2024

Bombay HC: There is no embargo to raise counter-claim in suit and or proceedings, application filed under Indian Succession Act

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After reading the clear provisions of counter-claim, I am also of the view that there is no embargo of whatsoever created to raise counter-c...
Friday, 25 March 2022

Whether the court can revoke letter of administration if all legal heirs are not made parties to the suit?

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   As per Section 263, the grant of Letters of Administration may be revoked for “just cause”. Explanation (a) under Section 263 states that...
Sunday, 22 August 2021

Questions and answers on law Part 26

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Q 1 :-  Whether a person can validly execute will after accepting consideration? Ans:-Will is the wish of testator in respect of disposal of...
Sunday, 8 December 2019

Whether Hindu is entitled to inherit property of christian relative as per Indian Succession Act?

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  There is authority in this Court in favour of the view that a Hindu relation, if he is otherwise entitled to inherit the estate of a Chr...
Wednesday, 2 October 2019

Whether application for legal heir certificate is maintainable if legal heir certificate is already granted to other party?

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The facts leading to filing of the present writ petition are that the petitioners had filed an application for grant of legal heirship cer...
Monday, 1 July 2019

Whether suit filed on basis of will is tenable if probate of will is not obtained?

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Sub-section (1) of Section 213 of the Indian Succession Act which is relevant for the purpose reads as follows:-- "213. Right as ...
Sunday, 17 March 2019

Whether executor of will can enter into contract contrary to terms of will?

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A probate when granted binds the whole world. It is a judgment in rem. The Executor, therefore, has to administer the estate of the testat...
Friday, 11 May 2018

Whether foreign nationals are barred from inheriting property in India?

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Dr. S.L. Singh died on 20.3.1976 without leaving any issue. It is not disputed that Ida Utarid is the real sister of Dr. S.L. Singh.  Ac...
Thursday, 19 October 2017

When appeal will lay before district Judge from order passed by civil judge senior division in probate proceeding?

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255. (i) Under Section 265 of the Indian Succession Act, 1925 the High Court has appointed all Civil Judges to act for the District Judge...
Monday, 2 October 2017

Whether succession certificate proceedings can be stayed till decision of civil suit?

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Undisputed facts of the case are that the petitioner has initiated the proceedings as per the provisions prescribed under Section 372 of th...
Sunday, 26 February 2017

When it is not necessary to obtain probate of will?

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  It can clearly be seen that the present Will is executed at Yavatmal which is admittedly not covered under the territories included in...
Sunday, 21 August 2016

What is meaning of near relatives as used in S 372 of Indian succession Act?

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 I am of the considered opinion that the expression "near relatives" as used in  Section 372  of the Indian Succession Act, mus...
Friday, 22 July 2016

Whether letter of administration can be revoked on ground of absence of personal citation to daughters of deceased?

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 There happens to be no controversy with regard to grounds so enumerated under Section 263 of the Indian Succession Act permitting re...
Saturday, 14 February 2015

Whether succession certificate can be granted in contravention of Nomination?

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IN THE HIGH COURT OF ALLAHABAD Decided On:  07.05.2008 Smt. Naseem Begum alias Naseem Akthar Vs.   Smt. Shaista and Ors. Hon...
Friday, 13 February 2015

Whether succession certificate can be granted in respect of immovable property?

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Indian Succession Act, 1925 - Part X - Issue of succession certificate - Application only in respect of debts and securities. Secs. 192 t...
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Saturday, 22 November 2014

Whether probate can be granted by consent of parties?

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In support of his contention that the said Terms of Settlement is no bar to any probate being granted to the present Will dated June 2...
Saturday, 22 June 2013

Good legal article on succession certificate

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A succession certificate, strictly speaking, does not effect adjudication of title of the deceased far less than that of the holder as...
Friday, 24 May 2013

Probate for will made outside specific territory by Hindus is not required

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A combined reading of Sections 213 and 57 of the Act would show that where the parties to the will are Hindus or the properties in di...