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Probate Not Necessary For Wills Executed By Indian Christians And Muhammadans After State Amendment To Indian Succession Act: Kerala HC
The Kerala High Court on Monday (January 6) reiterated that in light of the State amendment made to Section 213(2) of the Indian Succession Act,...
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63(c) Indian Succession Act | Unprivileged Will Executable If Attesting Witness Sees Testator Signing Or Affixing Mark On Will : Supreme Court
In a January 2025 judgment, the Supreme Court of India ruled that an unprivileged will is valid if the attesting witnesses saw the testator sign or mark the will. The court also clarified Section 63(c) of the Indian Succession Act, 1925..
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Mere Registration Of Will Won't Make It Valid Unless Its Execution Proved As Per Evidence Act : Supreme Court
In January 2025, the Supreme Court of India ruled in a few cases on the validity of wills. The rulings clarified the requirements for a will to be valid and the distinction between a will's execution and its genuineness.
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Presumption U/S 90 Of Evidence Act Applies When Will Which Is Over 30 Yrs Old Is Produced From Proper Custody: Madras High Court
The Madras High Court recently observed that when a Will, which is more than 30 years old, is produced from proper custody, the presumption under Section 90 of the Indian Evidence Act would be applicable to such will.
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Hindu Woman Without Own Income Can Enjoy Property Given By Deceased Husband, But Can't Have Absolute Rights Over It: Delhi High Court
The Delhi High Court on Wednesday observed that a Hindu woman without having her own income has complete rights to enjoy, throughout her lifetime,
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Unless Genuineness Of Will Is Proved In Civil Court, Revenue Authorities Cannot Mutate Name Of Beneficiaries: MP High Court
Recently, Madhya Pradesh High Court, while disposing of a dispute connected to Madhya Pradesh Land Revenue Code (Transfer of Name in Land Records) Rules, 2018,
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S.67 Succession Act | Testamentary Court In Probate Proceedings Can't Decide Whether Bequest Is Void Due To Beneficiary Being Witness's Spouse: Bombay HC
The Bombay High Court recently held that the issue of voidness of a bequest under Section 67 Indian Succession Act in a Will due to the beneficiary being the spouse..
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Will | Person Directed To Make Payments From A ParticularFund But Not Out Of The Entire Estate Is Not Executor: Bombay High Court
The Bombay High Court recently observed that when directed to make payments from a particular fund in a Will, a person cannot be deemed an executor...
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When Proof Of Will Has To Be Given, Court Must Take Separate & Lenient Consideration To Immediately Examine Witness
The Kerala High Court has stated that when proof of will has to be given, the Court has to take a separate and lenient consideration in examining a witness immediately...
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High Degree Of Evidence Required To Challenge Genuineness Of Will On Grounds Of Fraud, Undue Influence And Coercion: Kerala High Court
The Kerala High Court last week categorically laid down that allegations of fraud, undue influence and coercion cannot be made in a 'sweeping manner' merely on the ground of suspicion or conjecture, ...
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Will Can Be Suspected Only When Substantial Changes Are Introduced By Cuttings And Overwriting: Delhi High Court
The Delhi High Court has observed that only where it is found that there are substantial changes sought to be introduced to a Will by cuttings and overwriting on it, ...
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Muslim Person's Power To Dispose Property By Will Limited For Benefit Of Heirs: Kerala High Court Explains Scope
The Kerala High Court recently pondered upon the question as to how far a Muslim could dispose of their properties by Will....
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Principles To Prove Validity & Execution Of Will : Supreme Court Explains
Recently, a Division Bench of the Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, laid down certain principles required for proving the validity and execution of the Will...
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For millions of Hindu women, the interpretation of Section 14 can determine whether they have the autonomy to use, transfer or sell property.
The Supreme Court has decided to untangle the labyrinthine interpretations of property rights granted to Hindu women under Section 14 of the Hindu Succession Act, 1956 (HT)...
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Supreme Court: Ancestral Property Judgement In 2024
In India, one of the most common property dispute is diputes related to ancestral property. More clarity needs to be achieved between people regarding who can acquire ancestral property and what the legal ways to acquire it,...
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