Testator Archives

‘Mere admission of signatures on paper not admission of Will’; Punjab & Haryana HC rejects probate plea of man whose attesting witness was found untrustworthy

“Attesting witness must satisfy judicial conscience that he saw testator signing the Will being aware of its contents. Attesting witness needs to be trustworthy and truthful.”

Case Briefs High Courts

Tehsildar can’t decide mutation applications based on disputed testamentary documents, particularly a Will: Madhya Pradesh High Court

“Revenue Officers, including the Tehsildar, do not have judicial authority to resolve disputes related to wills or non-testamentary documents. These matters must be decided by the Civil Court.”

Case Briefs High Courts

‘Substratum of refusing probate cannot be the testimony of an unreliable witness’; Delhi High Court grants probate in favour of Khetri Trust

The Will was executed by the testator, Late Raja Bahadur Sardar Singh of Khetri in the presence of two attesting witnesses, thus, complying with Section 63 of the Succession Act, 1925.

Case Briefs High Courts

Executor appointed in probate proceedings cannot be removed unless gross misconduct or mismanagement, abuse or misuse of probate is demonstrated: Delhi High Court

The Delhi High Court held that naming of an administrator pendente lite would not come up unless and until the Executor was initially removed by the appropriate Court as per Section 301 of Succession Act, 1925. Further, it was held that an executor appointed in probate proceedings would not be readily removed unless gross misconduct, gross mismanagement, abuse, or misuse of probate was demonstrated.

Case Briefs High Courts

Testamentary disposition of property is deviation from natural line of inheritance in lesser or greater degree: Can it result in complete disposition in favour of one heir or exclusion of any other heir? Jhar HC throws light

Jharkhand High Court: Expressing that the due execution of a Will is to be proved as per the provisions of law as

Case Briefs Supreme 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