Madras 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
Madras HC rejects bid to revive 2012 claim over MGR property, finds it covered by his probated Will
The applicants claimed succession to property allegedly left intestate by Dr. M.G. Ramachandran (“M.G.R.”), asserting that they were Class II heirs through his brother, M.G. Chakrapani.4 MIN READ↗
Madras High Court
A stranger claiming adverse title cannot revoke probate to challenge the testator’s ownership.
P. Ramamoorthy obtained probate on 26.11.2010 in respect of the Will dated 05.04.2006 executed by late P. Nayagam. The probate proceedings concerned, inter alia, lands measuring 37 cents in Survey No. 590 and 58 cents...4 MIN READ↗
Madras High Court
Probate cannot be revoked at an applicant’s instance absent prima facie proof of caveatable interest.
The applicant, Lakshmi, sought revocation under Section 263 of the Indian Succession Act, 1925, of the Letters of Administration with Will annexed granted to the respondent on 20 December 2022 in respect of a register...4 MIN READ↗
Madras High Court
Registration of a Will does not dispense with proving its due execution and attestation.
The petitioner sought Letters of Administration with the Will annexed under Sections 232 and 276 of the Indian Succession Act, 1925, in respect of a registered Will dated 13.01.2011 executed by her maternal aunt, S. S...3 MIN READ↗
Madras High Court
Proof of the testator’s signature alone cannot establish a Will under Section 69 of the Evidence Act.
The petitioner sought Letters of Administration with the Will annexed in respect of an immovable property belonging to late P.S. Lakshmanan, who executed a registered Will dated 28 June 2007 and died on 24 July 2010.3 MIN READ↗
Delhi High Court
Legal representatives do not become administrators by substitution; sale requires appointment and prior court permission.
The original petitioner, Jatindar Lal, had instituted proceedings under Section 278 of the Indian Succession Act, 1925 (“ISA”) for Letters of Administration in respect of the Will dated 23 November 2017 executed by la...3 MIN READ↗
Gujarat High Court
Third parties cannot challenge consent decrees through separate suits, Gujarat High Court rules while rejecting grandson’s partition claim
The plaintiff, Abhishek, born on 3 April 1995, instituted Regular Civil Suit No. 215 of 2012 through his mother and natural guardian, seeking a declaration that the consent decree dated 25 September 1996 in Regular Ci...4 MIN READ↗
Bombay High Court
Unshaken testimony of one attesting witness suffices to prove a Will under Section 63(c).
The Plaintiffs instituted a Testamentary Suit seeking probate of a Will dated 20 April 1983, stated to be the last Will and Testament of Hilary Joseph DeSouza, who died on 19 October 1984.4 MIN READ↗
Supreme Court
Widow’s inherited interest becomes absolute under Hindu Succession Act even without prior partition: Supreme Court
Gangaram died intestate in 1949, leaving behind his son Ganapati, born through his first wife, and his widow Kashibai, who had two daughters, including Defendant Nos. 1 and 2.4 MIN READ↗
Madhya Pradesh High Court
Failure to record produced attesting witnesses’ evidence warrants remand for an effective opportunity.
The appellant filed an application under Section 276 of the Indian Succession Act, 1925, seeking probate of a Will dated 23.12.2003 concerning Khasra No. 119/1, measuring 0.809 hectare.3 MIN READ↗
Delhi High Court
Long permissive possession does not confer ownership absent a valid registered gift deed.
The respondent-plaintiff claimed possession of property bearing No. 1/2494, Moti Ram Marg, Shahdara, Delhi, on the basis of a General Power of Attorney, Agreement to Sell and Receipt dated 18 July 1988, executed in he...4 MIN READ↗
Karnataka High Court
Finding on a Will in final-decree proceedings is appealable as a decree, not under Article 227, rules Karnataka HC
The petitioner claimed to be the legatee under a Will allegedly executed by his grandmother, who had been allotted a 1/50th share in a partition suit under the preliminary decree.3 MIN READ↗
Delhi High Court
Administration and surety bonds may be dispensed with in uncontested grants of letters of administration.
The petitioner, a beneficiary under the Will dated 26 August 1998 executed by her mother, Late Smt. Bani Sen Gupta, sought Letters of Administration under Sections 278 and 217 of the Indian Succession Act, 1925, in re...3 MIN READ↗
Madras High Court
Section 14(1) enlarged widows’ limited estates into absolute ownership, extinguishing reversioners’ claims.
The suit properties originally belonged to Perumal Naidu and thereafter devolved upon his sons, Gopal Naidu and Pottu alias Duraisamy Naidu, who held them as members of a joint Hindu family. Gopal Naidu died issueless...4 MIN READ↗
Calcutta High Court
A sole legatee may continue proceedings by converting probate into Letters of Administration with the Will annexed.
Smt. Shibani Bhar, a Hindu governed by the Dayabhaga School, executed a Will dated 8 October 1994 appointing Jagabandhu Bhar and his wife, Smriti Bhar, jointly and severally as executor and executrix.4 MIN READ↗
Karnataka High Court
Legal representatives of a legatee must seek letters of administration, not probate.
The appellants, sons and legal representatives of late Chikkamunivenkatappa @ Chikkapillappa, claimed that the schedule properties were the self-acquired properties of Avani Doddamuniga and had devolved through a sett...4 MIN READ↗
Delhi High Court
Delayed probate filing does not invalidate a duly proved Will absent genuine suspicious circumstances.
The appellant, Anil Prashar, challenged the judgment dated 02.09.2008 by which the Probate Court granted probate of a Will dated 09.11.1984 executed by Manohar Lal Sharma under Section 276 of the Indian Succession Act...4 MIN READ↗
Gujarat High Court
A Will cannot be proved through a notary alone; an attesting witness must be examined.
The appellant-plaintiff and the respondents were brothers and sons of Gangashankar Trikamji Vyas, who died on 24 October 1993.4 MIN READ↗
Jharkhand High Court
Appeals against succession certificate orders by inferior courts lie before the District Judge.
Late Baleshwar Dhobi, an employee of Bhagabandh Colliery, died on 04.05.2000, leaving a CMPF account containing approximately ₹28,187.3 MIN READ↗
Bombay High Court
Physical infirmity alone does not negate testamentary capacity or invalidate a duly proved Will.
The Plaintiff, nephew of the deceased Gulab Hukumatrai Gurbani, sought probate of a Will dated 30 November 2004, under which he was appointed sole executor and was made the principal beneficiary, including in respect...4 MIN READ↗
Punjab and Haryana High Court
Admission of a Will’s execution and registration dispenses with attesting-witness proof under Section 58.
Tara Singh’s estate became the subject of competing claims based on two Wills: an earlier registered Will dated 30 July 1984 in favour of Balbir Singh and others, and a subsequent Will dated 2 April 1986 relied upon b...4 MIN READ↗
Punjab and Haryana High Court
A codicil must be proved like a will, with suspicious circumstances dispelled by its propounder.
The appellant-plaintiff claimed that the disputed shop formed part of the property of his father, Hari Chand, who had executed a Will dated 6 May 1957 and an alleged Codicil dated 1 January 1959 bequeathing the shop t...3 MIN READ↗
Patna High Court
Probate granted after attesting witnesses proved the testator’s voluntary execution and sound testamentary capacity.
Late Suresh Jha executed a registered Will dated 10 February 2021, registered as Deed No. 35, Book No. 03, bequeathing his self-acquired immovable properties to his son, Sumit Kumar, who was also appointed executor un...3 MIN READ↗
Gauhati High Court
A Will’s execution in attesting witnesses’ presence may prove Section 63(c) compliance despite technical omissions.
The appellants, Bibhuti Bhushan Goswami and Prasenjit Sharma, filed an application under Section 276 of the Indian Succession Act, 1925, seeking probate of an unregistered Will dated 10.12.2022 executed by Late Chaya...3 MIN READ↗
Punjab and Haryana High Court
A propounder must dispel suspicious circumstances; failure renders the will unproved and unenforceable.
Amar Nath, admittedly the owner of the suit property, died on 5 July 1984. The plaintiffs—his widow and daughters—claimed inheritance by natural succession and sought partition, possession and permanent injunction. De...4 MIN READ↗
Punjab and Haryana High Court
A propounder must dispel suspicious circumstances before a Will can be relied upon.
Gurmeet Kaur, widow of Jaspreet Singh, instituted a suit seeking a declaration that she was owner of a one-half share in land measuring 29 kanals 9 marlas 2 sarsais, together with consequential permanent injunction.3 MIN READ↗
Punjab and Haryana High Court
Concurrent findings invalidating a suspicious Will cannot be disturbed in second appeal absent a substantial question of law.
Jagmal Singh, the plaintiff, and defendants No. 1 and 2 were brothers and claimed to be descendants of Mulki Ram @ Milkhi Ram.3 MIN READ↗
Meghalaya High Court
A pension judgment cannot be relied upon in independent succession proceedings.
The applicants, the mother and brother of the deceased employee, sought leave to file a review petition against the judgment dated 11 March 2025 in WP(C) No. 409 of 2024.2 MIN READ↗
Punjab and Haryana High Court
A Will cannot be admitted in evidence without examining at least one attesting witness.
Har Kaur, mother of the plaintiff and defendants No.2 to 4, owned the suit land and a tractor.3 MIN READ↗No articles match these filters.