Will Archives

Can a Hindu male execute a Will giving a limited estate to a wife if all other aspects including maintenance are taken care of? SC interprets Section 14 of Hindu Succession Act

Supreme Court: In a half a century old case relating to a Will, the bench of Sanjay Kishan Kaul* and MM Sundresh,

Tri HC | Unless and until there is a challenge to the personal documents, direction cannot be given for DNA testing; Court dismisses appeal

Tripura High Court: T. Amarnath Goud, J., dealt with a petition wherein the case of the petitioner was that the respondent was

Case Briefs High 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

Case Briefs High 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

Case Briefs Supreme 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.”

Case Briefs Supreme 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

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

Case Briefs High 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

Case Briefs High 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

Case Briefs High 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

Case Briefs High 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

Case Briefs Supreme 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

Case Briefs High 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

Case Briefs Supreme 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

Case Briefs Supreme 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

Cabinet Decisions Legislation 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

Case Briefs High 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

Case Briefs High 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

Case Briefs High 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

Case Briefs High 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