Probate Not Necessary For Wills Executed By Indian Christians And Muhammadans After State Amendment To Indian Succession Act: Kerala HC
1 day, 18 hours ago

Probate Not Necessary For Wills Executed By Indian Christians And Muhammadans After State Amendment To Indian Succession Act: Kerala HC

Live Law  

The Kerala High Court on Monday reiterated that in light of the State amendment made to Section 213 of the Indian Succession Act, a person nominated as an executor can establish their right over wills made by Muhammadans or Indian Christians without obtaining a probate. However, the State amendment to the Act which came into force in 1997 inserted that “this section shall not apply in the case of Wills made by Muhammadans or Indian Christians”. The court said that if the bank's contention is accepted, it would render Section 213 of the Act redundant. Nonetheless, to allay the fears of respondents 2 and 3, I deem it appropriate to direct the petitioner to execute an indemnity bond in favour of the 3rd respondent bank, undertaking to indemnify respondents 2 and 3 in case any person raises any claim in respect of the deceased's deposits' released to the petitioner on the strength of the Will, which in turn will insulate the Banks and do complete justice to both sides.” Other the other hand, the Bank was also directed to release the concerned deposits of the deceased account.

Indian Bank State Amendment Christian Act Wills Petitioner Deceased Section 213 Indian Christians Muhammadans State Amendment Court Probate  petitioner  banks  necessary  wills  hc  court  probate  muhammadans  act  executor  succession  executed  bank  state  deceased  amendment  213  kerala  indian

History of this topic

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court
2 weeks, 4 days ago

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court

Live Law  

The Kerala High Court stated that notice issued against a dead person is invalid and participation of legal heirs of deceased in the proceedings won't make it legal. The bench stated that the “the notices issued under Sections 148A and 148 of the Act in the name of a dead person are invalid and 'non-est' in the eye of law. …

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court
2 weeks, 4 days ago

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court

Live Law  

The Kerala High Court stated that notice issued against a dead person is invalid and participation of legal heirs of deceased in the proceedings won't make it legal. The bench stated that the “the notices issued under Sections 148A and 148 of the Act in the name of a dead person are invalid and 'non-est' in the eye of law. …

Hindu Succession Act Doesn't Disqualify Widows From Inheriting Deceased Husband's Property After Remarriage: Madras High Court
3 weeks, 1 day ago

Hindu Succession Act Doesn't Disqualify Widows From Inheriting Deceased Husband's Property After Remarriage: Madras High Court

Live Law  

The Madras High Court has observed that there is no provision in the Hindu Succession Act that prohibits a widow from inheriting or taking share in the property of her deceased husband, upon remarriage. “The Hindu Succession Act,1956 does not contain a provision, which disqualifies widows from inheriting their husband's properties or disqualifying the widows from taking a share in …

Probate Proceedings End With Death Of Will's Executor, Substitution Of Legal Heirs Not Permissible: Patna High Court
1 month, 1 week ago

Probate Proceedings End With Death Of Will's Executor, Substitution Of Legal Heirs Not Permissible: Patna High Court

Live Law  

The Patna High Court has said that upon the death of Will's executor, his/her legal heirs cannot be substituted in place of the executor, adding that probate proceedings come to an end upon the death of the Will's executor. Placing reliance on Section 222 of the Indian Succession Act, 1925, Justice Arun Kumar Jha noted that the right to obtain …

Hindu Succession Act | 2005 Amendment Giving Equal Rights To Daughter Resulted In Reducing Shares Of Mother & Widow : Madras High Court
1 month, 3 weeks ago

Hindu Succession Act | 2005 Amendment Giving Equal Rights To Daughter Resulted In Reducing Shares Of Mother & Widow : Madras High Court

Live Law  

While discussing the 2005 amendments to the Hindu Succession Act, Justice N Seshasayee of the Madras High Court observed that while the amendment ensured that daughter's got a share in the ancestral property, it also took away the quantum of property that would otherwise vest with the widow and the mother of a deceased. The court added that notional partition …

[Indian Succession Act] Question Of Title Over Property Can't Be Decided During Probate Proceedings, Requires Filing Of Separate Suit: Patna High Court
6 months, 3 weeks ago

[Indian Succession Act] Question Of Title Over Property Can't Be Decided During Probate Proceedings, Requires Filing Of Separate Suit: Patna High Court

Live Law  

The Patna High Court has held that the probate proceedings are not the appropriate stage to adjudicate on the title and interest of a testator under the Indian Succession Act, 1925 and that the determination over the question of title could be done only by filing a separate suit. The High Court stated that probate proceedings are not a place …

Will | Person Directed To Make Payments From A Particular Fund But Not Out Of The Entire Estate Is Not Executor: Bombay High Court
10 months, 4 weeks ago

Will | Person Directed To Make Payments From A Particular Fund But Not Out Of The Entire Estate Is Not Executor: Bombay High Court

Live Law  

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 of the Will by implication if they lack the general power to receive and pay from the entire estate of the deceased. Justice Manish Pitale stated – “even when a person is directed to …

Hindu Succession Act | Legal Heirs Of Daughters Who Died Before 2005 Amendment Entitled To Equal Share In Family Property: Karnataka High Court
1 year ago

Hindu Succession Act | Legal Heirs Of Daughters Who Died Before 2005 Amendment Entitled To Equal Share In Family Property: Karnataka High Court

Live Law  

The Karnataka High Court has held that legal heirs of a daughter are entitled to equal share in the family properties, even if the daughters had passed away before the amendment to the Hindu Succession Act, came into force in 2005. A single judge bench of Justice Sachin Shankar Magadum, dismissed the plea filed by Channabasappa Hosmani, questioning the order …

Succession Act 1925 | Appeal Against Civil Judge Order Denying Succession Certificate Lies Before District Judge Not HC: Allahabad High Court
1 year, 1 month ago

Succession Act 1925 | Appeal Against Civil Judge Order Denying Succession Certificate Lies Before District Judge Not HC: Allahabad High Court

Live Law  

The Allahabad High Court has held that an appeal against the order of a Civil Judge rejecting a plea for the issuance of a succession certificate would lie before the District Judge under Section 388 of the Indian Succession Act, 1925, and not before the High Court under Section 384 of the Act. The proviso to sub­section creates an exception …

Muslim Person's Power To Dispose Property By Will Limited For Benefit Of Heirs: Kerala High Court Explains Scope
1 year, 2 months ago

Muslim Person's Power To Dispose Property By Will Limited For Benefit Of Heirs: Kerala High Court Explains Scope

Live Law  

The Kerala High Court recently pondered upon the question as to how far a Muslim could dispose of their properties by Will. Interpreting Paragraphs 117 and 118 of the Mulla’s Principles of Mahomedan Law, which provides for 'Bequests to Heirs' and 'Limit of Testamentary Power' respectively, the Single Judge Bench of Justice A. Badharudeen explained that, ".the power of a …

Mere Registration of Will Not Enough to Assign It Validity: Supreme Court
1 year, 2 months ago

Mere Registration of Will Not Enough to Assign It Validity: Supreme Court

News 18  

The Supreme Court has said mere registration of a will would not be sufficient to prove its validity, as its lawful execution necessarily has to be proved in accordance with section 68 of the Indian Evidence Act, 1872, and section 63 of the Indian Succession Act, 1925. The top court, however, found Dhani Ram failed to prove the execution of …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XVI]
1 year, 3 months ago

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XVI]

Live Law  

The Court having jurisdiction to grant a Succession Certificate is the District Judge within whose territorial limits the deceased ordinarily resided at the time of his death.. In the State of Kerala the State Government, in exercise of their power under Section 388 of the Indian Succession Act issued two notifications on 06-02-1958 which read as follows:- "i) In exercise …

S.263 Indian Succession Act | Beneficiary Of Will Bound To Prove Contention Of Improper Service Of Notice Of Probate Proceedings: Karnataka High Court
1 year, 3 months ago

S.263 Indian Succession Act | Beneficiary Of Will Bound To Prove Contention Of Improper Service Of Notice Of Probate Proceedings: Karnataka High Court

Live Law  

The Karnataka High Court has ruled that the burden is on the beneficiary of the will to substantiate the contention of no proper service of notice of probate proceedings on the persons who should have been apprised. “The burden is on the respondents to substantiate the contention of proper service, since the person who asserts the same has to be …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XII]
1 year, 5 months ago

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XII]

Live Law  

Q.56 What is the scope of the prohibition under Section 213 of the Indian Succession Act, 1925? Q.58 When were Indian Christians excluded from the operation of Section 213 of the Indian Succession Act, 1925? In the case of Indian Christians in Kerala, the above mandate under Section 213 of the Indian Succession Act to have the Will probated etc. …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XI]
1 year, 5 months ago

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XI]

Live Law  

Q.51 What are the modes of revocation of an unprivileged Will or codicil? Section 70 of the Indian Succession Act deals with the revocation of unprivileged Will or codicil. The said Section reads as follows:- “70: Revocation of unprivileged Will or co dicil No unprivileged Will or codicil, nor any part thereof, shall be revoked otherwise than by marriage, or …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-II]
1 year, 9 months ago

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-II]

Live Law  

Q.6 What is meant by saying that “a person died intestate”? Testamentary succession means the succession of a person’s property after his death in accordance with the prescriptions of a “Will and testament” executed by him. Q.9 Which part of the Indian Succession Act, 1925 deals with testamentary succession? Part VI of the Indian Succession Act deals with testamentary succession. …

Kerala High Court Notifies Uniform Procedure For Impleading Legal Heirs Of Deceased Parties
1 year, 11 months ago

Kerala High Court Notifies Uniform Procedure For Impleading Legal Heirs Of Deceased Parties

Live Law  

The Kerala High Court in an Official Memorandum dated 24 January 2023 has directed for the implementation of a uniform procedure to be followed while impleading the legal heirs of deceased parties. The OM issued by Registrar General reads that Chief Justice has ordered for the implementation of the Division Bench order in State of Kerala v. Govindan, in which …

Production Of Succession Certificate Mandatory When Decree Holder Dies Only If Decree Amount Comes Under 'Debts' Or 'Securities': Kerala High Court
2 years, 5 months ago

Production Of Succession Certificate Mandatory When Decree Holder Dies Only If Decree Amount Comes Under 'Debts' Or 'Securities': Kerala High Court

Live Law  

The Kerala High Court on Friday held that the production of succession certificate is mandatory as per Section 214 of the Succession Act when the decree holder dies in cases where the decree amount comes under the category 'debts' or 'securities'.Justice A Badharudeen further added that when the decree holder dies after the deposit has been made, an exemption is …

Hindu Succession Act | Children Born From A Widow's First Marriage Can Inherit Property From Her Second Husband: Gujarat High Court
2 years, 6 months ago

Hindu Succession Act | Children Born From A Widow's First Marriage Can Inherit Property From Her Second Husband: Gujarat High Court

Live Law  

The Gujarat High Court has held that under Section 15 of the Hindu Succession Act, when a widow dies intestate, her heirs including son and daughter out of wedlock or even from illicit relationships are entitled to the share in her property. Justice AP Thaker further held that since the deceased widow in the instant case was one of the …

A Mahommedan Can't Execute Will For More Than 1/3rd Share Of His Property Without Consent Of All Legal Heirs: Chhattisgarh High Court
2 years, 8 months ago

A Mahommedan Can't Execute Will For More Than 1/3rd Share Of His Property Without Consent Of All Legal Heirs: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has recently held that a Mahommedan cannot by Will dispose of more than a third of his estate, after payment of funeral expenses and debts. Justice Narendra Kumar Vyas observed that the following conditions must be filled up for a valid will to be executed by Mahomedan: A bequest may be executed by any Muslim to …

Limited Estate Given To Hindu Wife By Way Of Will Can Become Absolute Under Sec14(1) Hindu Succession Act Only If Property Was Given For Her Maintenance: Supreme Court
2 years, 11 months ago

Limited Estate Given To Hindu Wife By Way Of Will Can Become Absolute Under Sec14(1) Hindu Succession Act Only If Property Was Given For Her Maintenance: Supreme Court

Live Law  

The Supreme Court has held that Section 14 of the Hindu Succession Act does not bar the bequeathing of a limited estate to a female by way of a Will; but if the limited estate is given to the wife for her maintenance, then it would mature into an absolute estate under Section 14 of the Act. "The objective of …

Supreme Court Posts Plea Challenging Validity Of Section 15 Hindu Succession Act Before 3-Judge Bench
2 years, 11 months ago

Supreme Court Posts Plea Challenging Validity Of Section 15 Hindu Succession Act Before 3-Judge Bench

Live Law  

The Supreme Court on Monday posted before a three-judge bench the plea challenging the constitutional validity of Section 15 of the Hindu Succession Act, 1956 on the ground that there is discrimination in the devolution in case of a woman dying intestate, in comparison with the rules for devolution where a male has died intestate. The bench of Justices D. …

Daughters to inherit self-acquired properties of fathers dying without a will: Supreme Court
2 years, 11 months ago

Daughters to inherit self-acquired properties of fathers dying without a will: Supreme Court

India TV News  

Highlights Daughters to inherit self-acquired properties of fathers dying without a will: Supreme Court The SC judgement dealt with the property rights of Hindu women and widows under the Hindu Succession The SC bench set aside trial court and high court's findings dismissing partition suit of daughters In a significant verdict, the Supreme Court on Thursday said the daughters of …

Will executed by a Muslim does not mandatorily need a probate
4 years, 1 month ago

Will executed by a Muslim does not mandatorily need a probate

Live Mint  

My maternal grandfather had inherited some property from his father. —Name withheld on request Assuming you are Hindu by faith, note that Hindu law recognizes two classes of property, joint family property or HUF; and separate property. If the property is joint family or HUF property, it must be shown that your late grandfather or great grandfather waived separate rights …

Acceptability Of A 'Will' In Financial Institutions: Problems And Possible Solutions
4 years, 5 months ago

Acceptability Of A 'Will' In Financial Institutions: Problems And Possible Solutions

Live Law  

Although a 'Will' is a legal instrument but when it comes to its acceptability, it is obviously not treated at par with that of the Succession Certificate or a letter of administration. Since, Succession certificate is a conclusive finding of the court regarding determination of the property rights of the members of the family of deceased in case of intestate …

Child given away for adoption can be excluded from biological father’s Will
5 years, 6 months ago

Child given away for adoption can be excluded from biological father’s Will

Live Mint  

My grandparents had three sons and one daughter. — Pawan Yadav I am assuming that your grandfather is Hindu; accordingly, the Hindu Succession Act, 1956, would apply to him. As per Section 30 of the Hindu Succession Act, 1956, a Hindu may dispose of by Will or other testamentary disposition any property that is capable of being disposed of by …

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