News
Order VII Rule 11 CPC | Right to Seek Probate Accrues When Necessity Arises, Not Automatically on Death: Supreme Court
3+ hour, 15+ min ago (555+ words) The respondents maintained that the application was legally unsustainable due to an unexplained and fatal delay of ten years, asserting that the limitation period began immediately upon the testator’s death in 1995. The Supreme Court examined the dual issues of when…...
High Court Sitting in Testamentary Jurisdiction Retains Plenary Powers to Order Criminal Investigation to Protect Estate ‘In Medio’: Supreme Court
1+ mon, 3+ week ago (701+ words) The Supreme Court of India has held that a High Court, while exercising its testamentary jurisdiction, does not cease to be a Constitutional Court of record and retains its inherent and plenary powers to direct a court-monitored criminal investigation to…...
Section 6(5) Hindu Succession Act Not a Bar to Partition Suit; Daughters’ Rights as Class I Heirs Independent of 2005 Amendment: Supreme Court
2+ mon, 6+ hour ago (909+ words) The dispute pertains to the properties of Sri B.M. Seenappa (the propositus), who died intestate on March 6, 1985. He was survived by his widow Smt. Lakshmidevamma (Defendant No. 1), four sons (including B.S. Ramesh, since deceased and represented by his legal heirs, Respondent Nos....
Probate Petition Cannot Be Dismissed Solely for Non-Filing of Attesting Witness Affidavit Along With Petition: Bombay High Court
2+ mon, 2+ day ago (446+ words) The case pertains to a Testamentary Petition filed by the Plaintiff, Bina Samir Telivala, on October 15, 2010. The Defendant/Applicant, Sunil Ijjatrai Shah, filed a Caveat in January 2011, leading to the conversion of the petition into Testamentary Suit No. 26 of 2011. The…...
Suppression of Material Facts and Non-Joinder of Interested Parties Constitutes 'Just Cause' for Revocation of Probate: Supreme Court
2+ mon, 3+ week ago (588+ words) The Supreme Court of India has set aside a Madras High Court order that restored the probate of an unregistered Will, ruling that the suppression of material facts and the failure to implead interested parties—specifically brothers of the propounder…...
Unauthenticated Alterations in Will Void Under Section 71 of Indian Succession Act: Kerala High Court
2+ mon, 3+ week ago (429+ words) The dispute originated from the Will dated July 27, 1993, executed by late Kunhikrishna Kurup. The document was deposited with the District Registrar on the same day. Following the testator’s death, the Will was opened on December 6, 2006, in the presence of his…...
Intestacy Petition Not Maintainable When Disputed Will Exists: Delhi High Court Dismisses Daughter’s Plea
3+ mon, 4+ week ago (438+ words) The High Court of Delhi has ruled that a petition seeking Letters of Administration on the ground of intestacy is not maintainable when the petitioner acknowledges the existence of a Will, even if its validity is disputed. The Court held…...