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Transfer of property act, 1882

DUNI CHAND versus VIKRAM SINGH AND OTHERS

The High Court's reliance on Section 41 was unwarranted because there was no pleading or evidence that the interested person (holder of the valid 1988 Will) had given consent, express or implied, and the purchasers did not plead or prove that they took reasonable care and acted in good faith; consequently purchasers could not acquire better title from a vendor whose 1994 Will was held invalid, and the first appellate court's decree in favour of the plaintiff was affirmed.

Source excerpt

  • Section 41
  • Ostensible owner
  • Consent of persons interested
  • Mutation
  • Possession
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Succession

MAHARANI DEEPINDER KAUR (SINCE DECEASED) THROUGH LRS. & ORS. versus RAJKUMARI AMRIT KAUR AND ORS.

Concurrent findings of the Trial Court and High Court that the alleged Third Will dated 01.06.1982 was fabricated, that Rule of Primogeniture did not apply to succession of the Ruler's private properties, and that the registered Will of Maharani Mohinder Kaur (29.03.1990) was valid and governed the share of her beneficiaries, justify dismissal of challenges; succession to the properties shown as private in the Covenant is governed by personal law/valid testamentary instruments rather than primogeniture or the Raja Faridkot Estate Act, 1948.

Source excerpt

  • Hindu succession act, 1956 s.5
  • Rule of primogeniture
  • Validity of wills (alleged 1982 will)
  • Pepsu covenant/instrument of accession
  • Raja faridkot estate act, 1948
  • Maintainability of suits
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Wills

SHRI SHIVAJI EDUCATION SOCIETY, AMRAVATI THROUGH ITS PRESIDENT versus OMPRAKASH S/O DINKAR DESHMUKH & ORS.

The High Court's reversal of the First Appellate Court was erroneous. The First Appellate Court correctly found on the facts that the Will conveyed full ownership to Smt. Shevantabai including the right to transfer; consequently the gift deed to the appellant was valid. The High Court's reliance on Section 14 of the Hindu Succession Act and an inapplicable precedent was misplaced. The appeal is allowed and the High Court judgment set aside, with the suit decreed as per the First Appellate Court's judgment dated 22.01.1992.

Source excerpt

  • Nature of bequest (life estate v. full ownership)
  • Validity of gift deed in presence of will
  • Construction of wills
  • Section 14 of the hindu succession act
  • Interference by high court in second appeals under section 100 cpc
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Civil procedure

VARADARAJAN versus KANAKAVALLI & ORS.

The Executing Court rightly found on evidence that the appellant was the legal representative of the deceased based on a duly attested Will and, in the absence of any rival claimant, was entitled to continue execution under the summary procedure of Order XXII Rule 5 CPC; the High Court erred in setting aside that order in revision without satisfying the limited and specific tests for interference under Section 115 CPC, and therefore the High Court order was set aside and the Executing Court order restored.

Source excerpt

  • Order xxii rule 5 cpc
  • Order xxii rule 12 cpc
  • Section 115 cpc revision jurisdiction
  • Legal representative impleadment in execution
  • Proof and execution of wills
  • Eviction under execution of decree
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Succession

SMT. SHAKUNTALA BAI & ORS. versus MR. MAHAVEER PRASAD

The two attesting witnesses satisfactorily proved the execution and attestation of the Will dated 15.11.1978. Handwriting expert opinions and a forensic report supported the genuineness of the signatures. The wife and daughter of the testator supported Respondent No. 1’s application, and there were no vitiating or suspicious circumstances invalidating the bequest. Thus, the Will is valid and succession certificate should be issued to Respondent No. 1.

Source excerpt

  • Validity of will
  • Succession certificate
  • Proof of execution and attestation
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Hindu law

LAKSHMANA NADAR AND OTHERS versus R. RAMIER

On construction of the will, the testator conferred on his widow an ordinary life estate and not a full Hindu widow's estate; alienations made by her would not endure beyond her lifetime. The daughter obtained a vested interest which her husband succeeded to on her death.

Source excerpt

  • Construction of hindu will
  • Widow's estate
  • Vested interest
  • Life estate
  • Powers of alienation
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.