Category: Will & Succession

HELD “…….. once the testator has given an absolute right and interest in his entire property to a devisee it is not open to the testator to further bequeath the same property in favour of the second set of persons in the same will, a testator cannot create successive legatees in his will. The object behind is that once an absolute right is vested in the first devisee the testator cannot change the line of succession of the first devisee.”

SUPREME COURT OF INDIA DIVISION BENCH M.S. BHAVANI AND ANOTHER — Appellant Vs. M.S. RAGHU NANDAN — Respondent ( Before : Mohan M. Shantanagoudar and R. Subhash Reddy, JJ. )…

Hindu Adoptions and Maintenance Act, 1956 – Sections 7 and 11 – Adoption – Two important conditions as mentioned in Sections 7 and 11 of the Act of 1956 are the consent of the wife before a male Hindu adopts a child and proof of the ceremony of actual giving and taking in adoption – HELD Appellant was not adopted by the Respondent and her husband – Appellant had failed to prove that she has been adopted by the Respondent and her husband. – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH M. VANAJA — Appellant Vs. M. SARLA DEVI (DEAD) — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ. ) Civil Appeal…

Hindu Minority and Guardianship Act, 1956 – Natural Guardians – Section 6 and 8 – A Karta is the manager of the joint family property – He is not the guardian of the minor members of the joint family – What Section 6 of the Act provides is that the natural guardian of a minor Hindu shall be his guardian for all intents and purposes except so far as the undivided interest of the minor in the joint family property is concerned HELD In such an eventuality it would be the mother alone who would be the natural guardian and, therefore, the document executed by her cannot be said to be a void document

SUPREME COURT OF INDIA DIVISION BENCH M. ARUMUGAM — Appellant Vs. AMMANIAMMAL AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Deepak Gupta, JJ. ) Civil Appeal No.…

Succession Act, 1925 – Sections 250, 263, 268, 276, 278, 283, 283(1)C and 283(1) – Probate of Will – Revocation of – If it is accepted that in probate proceedings persons who have been dis-inherited in the Will on mere no objection certificates by them without either being called by probate court to appear and certify their no objections or to file any pleading will lead to unsatisfactory result and may cause prejudice to persons who were not aware of the proceedings and are yet claimed to have submitted no objections

SUPREME COURT OF INDIA DIVISION BENCH MANJU PURI — Appellant Vs. RAJIV SINGH HANSPAL — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. ) Civil Appeal No. 8455…

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