Calcutta High Court affirmed the Executor’s authority in representing deceased’s estate and Shifted onus to the executor to establish suitability.
The principle governing the evidence in civil cases is that there should be a preponderance of the events which should be proved unlike in criminal matters, where the evidence have to be proved beyond a reasonable doubt. Moreover, the burden of proof is on the party which will suffer if such evidence is not proved.
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.
Supreme Court said that the entry of the appellant over part of the suit property is simply as a licencee of the respondent. He does not continue to occupy it in the capacity of the owner. Thus, the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it.
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.
Madras High Court: In a writ petition filed, under Article 226 of the Constitution of India for the issuance of
Madhya Pradesh High Court: Dwarka Dhish Bansal, J., while dismissing a second appeal held that in presence of prior execution
Delhi High Court: In a matter with regard to the grant of leave to defend, Subramonium Prasad, J., expressed that, the tenant
Delhi High Court: Whether the third party can be absolved from contempt if they are informed that their conduct would violate the
Kerala High Court: In a matter, wherein a senior citizen has approached the Court with her grievance with respect to her son,
Jharkhand High Court: Expressing that the due execution of a Will is to be proved as per the provisions of law as
Uttaranchal High Court: Ravindra Maithani, J. dismissed an appeal that challenged an order given by the court of Civil Judge pertaining to
Gujarat High Court: A.P. Thaker, J. decided over a petition wherein the case of the petitioner was that the properties in question
Supreme Court: In a half a century old case relating to a Will, the bench of Sanjay Kishan Kaul* and MM Sundresh,
Tripura High Court: T. Amarnath Goud, J., dealt with a petition wherein the case of the petitioner was that the respondent was
Bombay High Court: G.S. Kulkarni, J., addressed an ordeal of a senior citizen who would be soon in her nineties and was
Delhi High Court: Asha Menon, J., explained the concept of proving a Will by an attesting witness. The chamber appeal was preferred
“A testamentary court is not a court of suspicion but that of conscience.”
Supreme Court of India: Observing the well-settled position of law that, Mutation Entry does not confer any right, title or interest in
Supreme Court: Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ., expressed that, Key characteristic of thumb impression is that every person