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 nomination under Section 30 of Maharashtra Cooperative Societies Act prevails over heirship certificates concerning unrelated deceased members.
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.
Bombay High Court affirms that consent terms in testamentary suits are binding undertakings to the court, enforceable as court orders with no need for separate decree.
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.
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.
Bombay High Court clarifies that a legal heirship certificate under Bombay Regulation VIII of 1827 only establishes succession, not entitlement to specific property.
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.