Bombay High Court holds that probate may be revoked under Section 263 of the Indian Succession Act if a Class II legal heir was not cited, even without proof of fraud.
Chhattisgarh High Court holds that mere registration of a Will does not dispense with the statutory burden to prove due execution and eliminate suspicious circumstances under Section 63 of the Indian Succession Act.
Bombay High Court holds that failure to cite legal heirs under Section 263 of the Indian Succession Act constitutes just cause for revocation of Letters of Administration.
Chhattisgarh High Court holds that registration alone does not dispense with the requirement to examine at least one attesting witness under Section 63 of the Indian Succession Act.
Punjab and Haryana High Court holds that valid execution of a Will under Section 63 of Indian Succession Act requires proof that attesting witnesses saw the testator sign in their presence.
Bombay High Court holds that succession to foreign movable assets is governed by Indian law if deceased was domiciled in India under Sections 5 and 371 of the Indian Succession Act, 1925.
Madhya Pradesh High Court holds that late introduction of documents requires recall of witness for cross-examination and preserves right to examine attesting witnesses under Indian Succession Act.
Bombay High Court holds that fraud in obtaining probate invalidates the grant even if petitioner lacks caveatable interest, reinforcing judicial duty to nullify deceitful succession claims.
Madras High Court holds that unregistered Will suffices for settlement deed registration; clarifies legal position on succession rights and compulsory registration.
Bombay High Court holds that consent of non-cooperating legal heirs need not bar grant of Letters of Administration to a widow, provided adequate security is offered.