#Testamentary Succession

The Himachal Pradesh High Court ruled that a Will does not constitute a 'transfer' under the Nautor Land Scheme, 1975, as it falls under testamentary succession governed by the Indian Succession Act. This distinction clarifies that land rights via Will are not subject to the Scheme's restrictions on inter vivos transfers, impacting inheritance disputes under state land laws.

The Supreme Court ruled that a plaint seeking title under a Will cannot be rejected under Order VII Rule 11 CPC merely because the funds originated from the plaintiff. The court emphasized that a fiduciary relationship must be explicitly pleaded, not inferred, and testamentary succession does not automatically override the Benami Act's bar. This sets a precedent for stricter scrutiny in benami property disputes involving inheritance claims.

The Punjab & Haryana High Court has ruled that a will cannot automatically extend to property acquired or reverted after its execution unless the testator’s intent to include such property is expressly stated. This reinforces the strict constructionist approach to testamentary documents, impacting heirs and executors who assume post-execution assets fall under existing wills without explicit language.

The Bombay High Court held that procedural irregularities in a will’s execution - such as inconsistent dates or locations - do not invalidate probate if attesting witnesses unchallenged by the opponent affirm its authenticity. This clarifies that technical flaws by non-lawyers are not fatal under Section 68, empowering executors and beneficiaries facing familial challenges to probate without requiring perfect documentation.

The Madhya Pradesh High Court reaffirmed that under Muslim law, a testator cannot bequeath more than one-third of their estate without the consent of legal heirs. The ruling invalidates a disputed will, reinforcing that a son's inheritance right to a half-share prevails over unconsented testamentary claims, impacting property disputes among Muslim families.

Bombay HC rules that under Mohammedan Law, an oral will bequeathing more than one-third of the estate is invalid without the consent of all legal heirs. The court dismissed the caveat, reinforcing the statutory limit on testamentary dispositions to prevent disputes among heirs.

The Punjab & Haryana High Court ruled that property escheats absolutely to the State under Section 29 of the Hindu Succession Act when no valid will or legal heirs are established, rejecting claims based on forged documents or unproven lineage. This reinforces the State's unassailable title in the absence of legitimate succession, impacting inheritance disputes and revenue record validations.

Madras High Court holds that registering officers lack jurisdiction to question the validity of wills; partition deeds must be registered if formalities are met.

Chhattisgarh High Court holds that nominee status in service records cannot override proven customary marriage; forensic evidence and oral testimony prevail over presumption.

Madras High Court holds that unregistered Will suffices for settlement deed registration; clarifies legal position on succession rights and compulsory registration.