Delhi High Court
LEGAL SUBJECT
Wills, Inheritance, and Trusts
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Madras High Court
A disputed Will need not undergo expert examination; its propounder must prove its genuineness.
The first respondent/plaintiff brought a partition suit seeking a one-third share in the suit property and a declaration that a Will dated 25 January 1995, relied on by the defendants, was forged and not binding on him.2 MIN READ↗
Meghalaya High Court
Son Granted Letters of Administration; Intestate Estate Divided One-Third to Widow, Two-Thirds Among Three Children.
The petitioners, the widow and three children of Late Hobell Arthur David Sawian, petitioned under Sections 278, 273 and 300 of the Indian Succession Act, 1925, for Letters of Administration after he died intestate at...2 MIN READ↗
Madras High Court
A Will remains unproved when suspicious circumstances persist despite examination of an attesting witness.
The plaintiffs, the wife and daughter of Kunjupillai Nadar, claimed rights in the suit properties principally under a registered Will dated 19 December 1995 (Ex.A3).2 MIN READ↗
Madras High Court
A Will is proved when attesting evidence establishes due execution and dispels suspicious circumstances.
The plaintiff sought probate of his mother S. Ponnammal’s registered Will dated 2 February 1987, which bequeathed her interest in the suit property to him and named him executor.3 MIN READ↗
Gujarat High Court
Probate proceedings require individual notice to non-consenting heirs; newspaper publication alone does not satisfy Rule 180.
The appellants were the deceased Jyotiben Bhupendrabhai Vaidh’s daughters.3 MIN READ↗
Karnataka High Court
Non-party claimants must seek probate revocation under Section 263, not appeal under Section 299.
The respondents, who were beneficiaries under a registered Will dated 3 January 2017 but were not its executors, petitioned for probate and related relief concerning schedule ‘A’ and ‘B’ properties.2 MIN READ↗
Madras High Court
Letters of administration may issue on a copy of a lost will if its loss and execution are proved.
The appellant, son of testator Aravamudha Iyengar, sought Letters of Administration with the Will annexed in respect of the ‘C’ schedule property, which the Will dated 7 March 1981 bequeathed to him subject to a life...2 MIN READ↗
Madras High Court
Priest’s post-ordination deposits belong to his religious society, not family heirs, Madras High Court rules
Rev. Fr. Deivakumar Arulanantham joined the appellant religious society and was ordained a priest in 1989.3 MIN READ↗
Chhattisgarh High Court
Scheduled Tribe succession follows proved custom or applicable statutory law, not the Hindu Succession Act.
The dispute concerned agricultural land originally belonging to Biju Gond and later recorded in the name of Dukhiya Bai, widow of Biju’s son Manher.3 MIN READ↗
Karnataka High Court
Married daughters can inherit shares in land granted to their father under Karnataka land-reform law, High Court rules
The plaintiffs sought partition and separate possession of shares in Schedule A and B properties, claiming that the properties belonged to Shivappa and had not been partitioned.2 MIN READ↗
Madras High Court
A Will is unproved where the attesting witness fails to establish the statutory acts of attestation.
The plaintiffs sought Letters of Administration with the Will annexed, relying on an unregistered Will dated 2 July 1988 by S. Saroja, who died four days later while undergoing hospital treatment.3 MIN READ↗
Madras High Court
Probate establishes a will’s due execution but does not adjudicate title to bequeathed property.
The plaintiff sought probate of his mother’s Will dated 28 August 2019, naming him as executor.3 MIN READ↗
Madras High Court
Letters of administration may issue for a temple leasehold bequest without impleading the temple owner.
The plaintiff sought Letters of Administration with the Will annexed in respect of her mother Ramathilagam’s registered Will dated 12 March 2001.3 MIN READ↗
Karnataka High Court
A revocation petition becomes infructuous once the administrator is removed and a successor appointed.
The petitioners sought revocation of Letters of Administration granted to respondent no. 1 in T.O.S. No. 2 of 1998 concerning the estate of A.J. Lazarus, her removal as administratrix, and appointment of petitioners n...2 MIN READ↗
Bombay High Court
Probate courts must examine suspicious circumstances even when caveators have not specifically pleaded them.
Tarapada Chatterjee died in 1990. His daughter, Shanta Chatterjee alias Shanta Ashok Tolat, petitioned for probate of a 1989 Will naming her as sole executrix and beneficiary.2 MIN READ↗
Jharkhand High Court
Munda woman awarded half of acquired-land compensation after male heirs fail to prove custom excluding daughters from inheritance
The acquired lands were recorded in the names of three sons of Soma Munda: Sauna, Bhadwa and Induwa Munda. Bhadwa died issueless; Daho Devi was a descendant of Induwa, and Mohan Munda was a descendant through the fema...2 MIN READ↗
Karnataka High Court
Physical illness or amputation alone does not establish testamentary incapacity or invalidate a duly attested Will.
The plaintiff and the three appellants were the children of late T. Govindarajulu.3 MIN READ↗
Karnataka High Court
A probate court cannot adjudicate title to property devised under a will.
The plaintiff petitioned under Section 276 of the Indian Succession Act, 1925, for probate of a Will dated 22 October 2001, by which Smt. Gangamma allegedly bequeathed the suit property to him.2 MIN READ↗
Madras High Court
Unproven marriage and parentage fail to establish prima facie best title to a succession certificate.
The petitioners sought a succession certificate under Section 372 of the Indian Succession Act, 1925, for the service and terminal benefits of R. Sundar Singh, who died intestate in 2017.3 MIN READ↗
Madras High Court
A succession certificate cannot issue without prima facie best title amid disputed heirship claims.
The petitioners sought a succession certificate for service and terminal benefits of late R. Sundar Singh, who died intestate on 21 November 2017.3 MIN READ↗
Calcutta High Court
A clarified date discrepancy is not suspicious where attesting evidence proves due execution.
The appellant sought probate of a registered Will dated 27 February 2001.2 MIN READ↗
Karnataka High Court
A will cannot be rejected on conjectural suspicions when reliable evidence proves due execution.
The plaintiff, a daughter of Wasudev, sought partition of several properties, including 11 acres 35 guntas in Survey No. 643/1.2 MIN READ↗
Patna High Court
Legal representatives may adopt a deceased defendant’s written statement but cannot depart from it.
The petitioners—widow and daughters of Lalan Prasad Sinha—challenged an order dismissing their applications to adopt the written statement filed by Lalan in a probate proceeding concerning a Will dated 3 December 2002.2 MIN READ↗
Patna High Court
Legal representatives may adopt a deceased defendant’s written statement but cannot depart from its pleadings.
The petitioners, the legal heirs of Lalan Prasad Sinha, challenged an order of the District and Additional Sessions Judge III, Patna, rejecting their application to adopt the written statement filed by Lalan Prasad Si...2 MIN READ↗
Delhi High Court
Unsupported allegations of fabrication do not warrant revocation of an already-granted probate.
The Court had granted probate of a Will dated 23 December 2020, purportedly executed by Rubinder Kaur in favour of the petitioner, after considering the evidence of an attesting witness and finding the Will duly execu...2 MIN READ↗
Madras High Court
Attesting witnesses’ evidence established due execution, attestation, and testamentary capacity despite alleged suspicious circumstances.
Late T. Pullana Gupta died on 25 February 2005. The plaintiffs sought Letters of Administration with his Will dated 27 December 2004 annexed; the Will named V. Sethuraman as executor, but he died before giving evidence.2 MIN READ↗
Madras High Court
A cloud over the testator’s title constitutes just cause to revoke Letters of Administration.
The dispute concerned Letters of Administration granted to G. Sumathy in respect of a Will dated 13 September 2006 allegedly executed by M. Marimuthu alias Mariappan.2 MIN READ↗
Madras High Court
Attesting-witness testimony established due execution and testamentary capacity, warranting grant of probate.
Dr. Ram Rathan Rai executed an unregistered Will dated 5 September 2024 appointing the petitioner, G. Sughita, as executor and disposing of his estate. He died on 12 December 2024.2 MIN READ↗
Madras High Court
Heirs of a daughter who dies after intestate succession opens inherit her equal share in the estate.
The petitioners sought a succession certificate under Section 372 of the Indian Succession Act, 1925, concerning securities and accumulated dividends held in the name of Mrs. R. Janaki, who died intestate on 19 Septem...2 MIN READ↗No articles match these filters.