Supreme Court of India Judgements

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Category: Will & Succession

Will & Succession

Registration—Admissibility of unregistered documents—Any document which is not registered as required under law, would be inadmissible in evidence and therefore, cannot be produced and proved. Succession—Joint family property—After partition, the property in the hands of the son will continue to be the ancestral property and the natural or adopted son of that son will take interest in it and is entitled to it by survivorship.

Nov 2, 2018 sclaw

2018(3) Law Herald (SC) 1741 :2018 LawHeraldLOrg 1249 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…

Will & Succession

V IMP :::: Will–Joint and Mutual Will—Survivor after death of other testator during his life time can deal as absolute owner of the property but when he dies, he is to bequeath what is left in the manner agreed upon between both the testators originally. Will—Intention of Testator—Court is not entitled to ignore clear words or add something of its own or dilute the meaning of any clear word used in the Will.

Aug 19, 2018 sclaw

(2017) 173 AIC 224 : (2017) AIR(SCW) 1473 : (2017) AIR(SC) 1473 : (2017) AllSCR 685 : (2017) 122 ALR 470 : (2017) 3 AndhLD 128 : (2017) 2 ApexCourtJudgments(SC)…

Will & Succession

IMP::: Hindu Law—Self Acquired Property—Burden of Proof—Joint Family Property—It is obligatory upon the plaintiffs to have provided that dispute existence of jointness in the family, properties claimed were self acquired properties—Plaintiff failed to adduce any kind of documentary evidence to prove their self acquisition of claimed properties nor they were able to prove the source of its acquisition- -Properties held to be joint family property. 

Jul 8, 2018 sclaw

    (2017) 180 AIC 188 : (2017) AIR(SCW) 4465 : (2017) AIR(SC) 4465 : (2017) 125 ALR 876 : (2018) 1 AndhLD 141 : (2017) 3 ApexCourtJudgments(SC) 730 :…

Will & Succession

Doctrine of Escheat—Claim of Ashram on death of its Mahant by way of murder by unknown persons—As per material on record it had not been established that mahant had renounced the world and had become a Sanyasi—Claim of petitioner to have succeeded mahant not established by any document or custom

May 9, 2018 sclaw

(2017) 3 ApexCourtJudgments(SC) 518 : (2017) 4 LawHerald(SC) 2666 : (2017) 4 RCR(Civil) 575 : (2017) 5 RecentApexJudgments(RAJ) 439 : (2017) 12 SCALE 69 SUPREME COURT OF INDIA DIVISION BENCH MAHANT RAMANAND — Appellant…

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