Indian Succession Act, 1925

The deceased K.T. Subramanya had taken four life insurance policies naming his mother, Challamma, as nominee. After his death, his alleged wife Tilaga and their two children applied for a succession certificate under Section 372 of the Succession Act, 1925, claiming the deceased was married to Tilaga. Challamma contest…

The case concerned the grant of probate of a 1999 will of Smt. Priyamvada Devi Birla (PDB) and earlier 1982 mutual wills executed by her and her husband. Several members of the Birla family filed caveats claiming a "caveatable interest" in the estate, while Rajendra Singh Lodha (RSL) sought probate and the discharge of…

The petitioners, legal heirs of a deceased licensee, challenged the continuation of summary ejectment proceedings under Section 41 of the Presidency Small Cause Courts Act, 1882, after the licensee's death. They argued that the cause of action was personal and should abate with the licensee's demise, relying on earlier…

The Supreme Court examined whether a will dated 25‑9‑1981 could be proved under Sections 68 and 69 of the Evidence Act, 1872 and Section 63(1)(c) of the Indian Succession Act, 1925. The will was attested by two witnesses, one of whom had died and the other, Harnek Singh, was alive but was not examined because the plain…

The married couple Mannar Reddiar and Adhilakshmiammal executed separate wills bequeathing their properties to their two sons, excluding their daughter Kalavathy who had earlier received gifts. After the death of the testators, the daughter and the second son filed a suit for partition and contested the probate of the …

M.S. Ezhlitassan filed a suit for defamation which was dismissed, appealed and obtained a decree for damages. The respondent appealed, the High Court reversed the decree and dismissed the suit. While the appeal before the Supreme Court was pending, the appellant died. His grandchildren filed petitions to be substituted…

The appellants, the widow and daughter of the deceased Atma Singh, challenged a registered will that left all of his property to his sister (the first respondent) and subsequent sale deeds that transferred land to the sister's son. The trial court found numerous suspicious circumstances—such as questionable thumb impre…

The appellant, V.M. Mathew, contested the validity of a will executed by his sister V.S. Annama, while the respondents sought letters of administration. In the earlier proceeding, a witness named Kurian was examined, but he died before the case concluded. The appellant later sought to introduce Kurian's deposition in a…

The appeal concerned an application for letters of administration under Section 228 of the Indian Succession Act filed by the respondent after a probate was granted in England. The appellants argued that the application was barred by the three‑year limitation period under Article 137 of the Limitation Act, contending t…

The testator, Raja Sardar Singh, died in 1987 without apparent legal heirs and had executed a will bequeathing his assets to the Khetri Trust. The Trust sought probate, which was dismissed by the Delhi High Court, while agnates also objected. The Rajasthan Collector, after an inquiry, initiated escheat proceedings unde…

Jayamma, the holder of a Will dated 20 February 1984 executed by the deceased tenant‑occupier Anthony Rebello, applied under Section 276 of the Indian Succession Act for letters of administration. The wife and children of the deceased contested the Will, alleging it was invalid. The trial court held the Will valid, but…

The Supreme Court examined an appeal by the daughters and a granddaughter of Padmayya Kambali challenging a will dated 28‑03‑1976 that bequeathed certain properties to the testator's two sons. The appellants argued that the will was not duly executed, citing the testator's advanced age, his death within 15 days of exec…

The case concerned agricultural land in Karnataka where the original tenant, Gutya, executed a Will bequeathing his tenancy rights to his brother Timma. After Gutya's death, Timma cultivated the land and later applied for occupancy rights under Section 48‑A of the Karnataka Land Reforms Act, 1961. The High Court reject…

The deceased K.R. Patel and B.G. Amin were appointed executors and trustees under a 1962 will that directed payment of debts, conveyance of specific legacies, conversion of remaining assets into cash and donation to charitable purposes. The will created a public trust, which was registered in December 1964 after the es…

The dispute concerned the grant of letters of administration for seven properties bequeathed in a Will dated 8 May 1967. The testator had acquired full title to items 4‑7 through a sale deed executed on 2 May 1967 and registered on 8 May 1967, before his death on 20 July 1971. The High Court limited the grant to items …

The appellant, Banarsi Dass, objected to the grant of a succession certificate to Mrs. Teeku Dutta, alleging she was not the deceased's daughter. He moved an application under Order 151 CPC for a DNA test to establish paternity, which the trial court allowed. The Delhi High Court set aside that order, holding that the …

The plaintiff filed a suit for declaration as legal heir and partition of property and simultaneously applied for a Succession Certificate under the Indian Succession Act, 1925 to claim insurance proceeds. The trial court declared the plaintiff the sole heir and granted the certificate; the appellate court set aside bo…

The dispute arose between step‑brothers over the validity of a registered will and the right to obtain probate or letters of administration under the Indian Succession Act, 1925. The respondent claimed the will was valid, while the appellant sought probate. The central legal question was whether Article 137 of the Limi…

The appellant Md. Abrar, a descendant through the female line of the waqif Haji Elahi Baksh, sought appointment as a joint mutawalli of a waqf created by a deed dated 9‑Nov‑1936. The deed named two original joint mutawallis, Md. Shafi and Kammu Mia, and provided that upon the death of either, the survivor would become …

The appellant, the heirs of the deceased Ratan Lal, challenged the Delhi High Court's order granting letters of administration to the Jain Society, a body registered under the Societies Registration Act, 1860, under Section 236 of the Indian Succession Act. The Supreme Court examined whether a society qualifies as a ju…

Ram Ohan, an allottee of a plot under the Delhi Development Authority (DDA), died without constructing on the land and left a will in favour of a non‑blood relative, Mrs. Vijaya C. Gurshane. She obtained a Letter of Administration from the District Judge based on the will and applied to the DDA for substitution of her …

The case concerned a registered will allegedly executed by Hamam Singh in favour of the appellants, Gurial Kaur and others. Although the will bore the Sub‑Registrar’s endorsement and the executant was said to have been identified by a village Lambardar, the trial court set aside the will on grounds of suspicion, which …

The appellant, Joseph Easwaran Wapshare, obtained a Succession Certificate under Section 372 of the Indian Succession Act, 1925, as the son and lineal descendant of the intestate Gorden Wapshare. The respondent, Shirley Katheleen Wheeler, who is the daughter of Beatrice (the wife of Edward Wapshare, Gorden's brother), …

The Supreme Court examined whether the Travancore Christian Succession Act, 1092 continued to govern intestate succession for Indian Christians in the former State of Travancore after the Part B States (Laws) Act, 1951 extended the Indian Succession Act, 1925 to that territory. The petitioners challenged sections 24, 2…

The State of Haryana challenged a High Court order that had set aside the findings of the trial court and first appellate court which held that a will purportedly executed by Kishan Singh in favour of Harnam Singh was not genuine. The dispute centered on whether the will satisfied the requirements of Section 63 of the …

The plaintiff filed a partition suit against his father, the Karta of a joint family, who died during the proceedings. The plaintiff's brother, Gopal Swaroop, claimed that the deceased had executed a will leaving his share to him. The trial court and a single High Court judge held that the will was duly proved, but a D…

The appellants, sons of the deceased Mast Ram, challenged the sale of their father's property by his widow Muni Devi, arguing that a statement recorded by the Registrar of Deeds on 21 May 1973 constituted a codicil that, if valid, limited the widow to a life estate. The Court examined whether a codicil must be executed…

The plaintiffs, the first wife Kashi Bai and her daughter Sunita, sued for a half share in the property of their deceased husband Lachiram, alleging he was the sole owner at his death. The defendants, the second wife Parwati Bai, her daughter Meena and grandson Purshottam, contended that Lachiram had adopted Purshottam…

The case concerned two settlement deeds executed by Nanjammal in favour of her grandson, the appellant, which the daughters claimed were obtained by undue influence. The trial court declared the deeds void, but the first appellate court upheld their validity as gift deeds. The High Court reversed, holding the deeds unp…

The original tenant, Bomanji Irani, bequeathed his government‑owned tenancy to his wife Daulatbai, who was a residuary legatee, and the tenancy was held jointly by her and their five sons. After Daulatbai's death, the Bombay Municipal Corporation (BMC) transferred the tenancy to one son, Dinshaw Irani, based on a 1961 …

Harbans Lal Joshi executed a will on 3 January 1980, which later became the subject of a probate application filed by Gurswaroop Joshi under Section 276 of the Indian Succession Act, 1925. The trial court granted probate, but the widow and other heirs appealed, contending that certain clauses in the will were vague. Th…

The suit concerned property of Petha Gounder that had been sold by his son Balaraman both in his own name and on behalf of his minor son Palanivel without court permission, violating Section 8 of the Hindu Minority & Guardianship Act, 1956. The plaintiffs, sons of Kannan, filed a suit in 1992 for declaration and posses…

The dispute arose between the heirs of Murari Lal Gupta (the testator) and the family of his brother Girdhari Lal Gupta over a property jointly owned by the brothers. The testator's will declared that the ground floor would vest in his four sons and the first floor in Girdhari's family, with both brothers having contri…

The case arose from a partition suit filed by the deceased Lajesh Saxena seeking a share in the joint Hindu family property. The trial court allotted shares, which the High Court altered by increasing the daughter’s share to one‑eighth and rejecting the validity of three wills under Section 68 of the Evidence Act. The …

The petition challenged the Kerala High Court's interpretation of a will that contained an earlier clause granting an absolute estate to Kannan and a later clause (Schedule A) stating the same properties were to be possessed as "Tavazhi". The Supreme Court examined whether the later clause, which was inconsistent with …

Zorawar Singh owned immovable property in Delhi and executed a will (1985) and codicil (1995) bequeathing it to the parties. After his death, the respondents filed a suit for declaration and permanent injunction concerning the will, while the appellant filed a suit for natural succession. The Delhi High Court held that…

The plaintiffs filed a suit claiming ownership of several properties on the basis of a Will dated 20‑05‑1991 executed by the deceased Sri Sangappa and sought to declare a trust created by the defendants void. The defendants challenged the genuineness of the Will, pointing to numerous irregularities such as the use of d…

Maharani Sharmishthabai Holkar executed a detailed Will on 4 November 1992 that referred to three appendices containing the specific distribution of her assets. The appendices were not signed by the attesting witnesses and were not in existence at the time of execution. Applications for probate were filed by the execut…

The appellant (son) challenged a decree of the Kerala High Court that declared a 1985 deed executed by his father in favour of his sister (plaintiff) to be a settlement and a valid gift, thereby invalidating a later cancellation deed and sale deed dated 19.10.1993. The core issue was whether the 1985 instrument was a g…

The appellants, sons of the deceased donor, claimed that a property gifted by their father to the respondent was ancestral and that the donor lacked authority to execute the gift deed, alleging the deed was forged. The trial court held the property ancestral, a view affirmed by the first appellate court, but the Gujara…

The Supreme Court examined a dispute over the transfer of shares of Jai Mahal Hotels Pvt. Ltd. after the death of Late Maharaja Jagat Singh, who had bequeathed his shares to his mother Gayatri Devi (GD). GD and the grandchildren (the DR Group) obtained a succession certificate and GD executed a transfer deed and a will…

The plaintiff, Smt. Sawarni, and her sister Roori claimed to be the daughters of the deceased landowner Gurbax Singh and sought a declaration of title and possession of the disputed land. A will executed by the widow Gurdip Kaur in favour of the two daughters and a succession certificate issued under the Indian Success…

The case concerned a Will dated 4 September 1976 in which the testatrix bequeathed certain properties in absolute terms to her two daughters, with a later clause stating that after the daughters' deaths the remaining property should devolve to their female children. After one daughter died intestate, her sons took poss…

The petitioners, Indian Christians, challenged the constitutionality of Section 213(2) of the Indian Succession Act, 1925, as amended by the Kerala Amendment Act, 1986, arguing that the compulsory probate requirement applied only to Christians and was discriminatory. Two writ petitions (C No. 137 of 1997 and C No. 674 …

The case concerned two applications for a succession certificate under s.372 of the Indian Succession Act, 1925, filed by Vidyadhari (the second wife and nominee) and Sukhrana Bai (the first wife) for the movable assets of the deceased Sheetaldeen, a coal‑field employee. The trial court granted the certificate to Vidya…

The appeal concerned whether the recitals in Exhibit A1, particularly item 1 of Schedule 8, created a testamentary disposition (a Will) or a settlement/gift that vested rights in the plaintiffs during the executants' lifetimes. The Supreme Court examined the nature of the composite document, distinguishing between test…

The petitioners, two Christians, challenged Section 118 of the Indian Succession Act, 1925 which barred Christians from bequeathing property for religious or charitable purposes unless a will was executed at least twelve months before death and deposited as prescribed. They argued that the provision discriminated again…

Kokilambal, a Hindu widow with no issue, executed two settlement deeds in 1963‑64 granting her nephew Varadan a life usufruct and an absolute interest after her death. Varadan died in 1979 before Kokilambal, who then revoked the deeds and executed a fresh settlement in favour of Babu and Shanthi. Varadan's brother, N. …

Om Prakash and another, joint owners of a property, filed an eviction suit under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 against Mishri Lal (deceased) represented by his legal heirs. The tenants admitted tenancy under the appellants' grandmother but denied the appellants as landlor…

The appellant, Moturu Nalini Kanth, filed a suit as a minor claiming absolute title to the properties of the deceased Venkubayamma based on a registered will dated 03.05.1982 and a registered adoption deed dated 20.04.1982. The trial court upheld the suit, but the Andhra Pradesh High Court reversed the decision, holdin…

The respondents, former members of a Joint Hindu Family, received specific assets and certain family debts after a partition ordered by an arbitrator's award. They claimed that interest paid on these debts, especially to unsecured creditors, should be deductible as a diversion of income by an overriding title under the…

The Supreme Court heard an appeal against a Gujarat High Court order that granted probate of a Will dated 18 June 1995 executed by the deceased Jayantilal Kataria. The appellant contended that the Will was not validly attested because Section 63(c) of the Indian Succession Act, 1925 requires two or more witnesses, and …

World Wide Agencies Pvt. Ltd. and its director Mrs. Amrit Kaur Singh appealed against a Delhi High Court order that allowed the widow and children of the deceased shareholder S.K. Desor to file a petition under Sections 397 and 398 of the Companies Act, 1956 (and alternatively for winding up). The respondents argued th…

The testator executed a 1932 Will granting his sons only a life interest in certain properties, with absolute succession to their heirs after death. In 1975 the son, then a minor at the time of the Will, and his own son sold the property to the appellants, although they possessed only a life interest. The daughters of …

The case concerned the validity of an unregistered will executed by an unmarried woman, Akkayamma, bequeathing her property to one of the children of her paramour, Jai Singh. The trial court and a single High Court judge rejected the will, citing nine (later twelve) suspicious circumstances surrounding its execution, i…

The appellant, the younger daughter of Smt. Amarjeet Mamik, sought probate of a 2003 Will that left the entire immovable property to her, while excluding her brother and elder sister. The Trial Court and the Delhi High Court rejected the probate petition, finding numerous unexplained suspicious circumstances, including…

The appellant Dhanpat sought a declaration that he, his mother and sisters were entitled to equal shares in a suit land, challenging a Will dated 30‑April‑1980 that favored his brother’s sons. The trial court and first appellate court dismissed the suit, holding that the Will was duly executed and the property had been…

Gyaso Bai executed a will in 1964 bequeathing land to Ram Swaroop, and a probate was granted in 1965. The government later acquired the land and, under the Land Acquisition Act, a reference court directed compensation to be paid in the ratio of two‑thirds to the appellants and one‑third to the respondents as per the wi…

The case concerned an application for probate of a will executed by the deceased Ranendra Chandra Bose in 1952. The executors sought probate, but the trial court refused on the ground of doubts about the testator's mental capacity and the authenticity of his signature. The High Court set aside that decision, granting p…

The Supreme Court examined a dispute arising from a 1942 will of Smt. Rathinammal, which directed that her great‑grandsons should take possession of the property in "equal shares" after attaining majority. The plaintiffs, three great‑grandsons of the younger son, claimed a half share, while the defendants, ten great‑gr…

The appeal concerned whether Bhonri Devi, a Hindu widow, became the absolute owner of an ancestral HUF house she occupied in lieu of her pre‑existing right to maintenance. The Supreme Court examined Section 14(1) of the Hindu Succession Act, 1956, interpreting "possessed by" and "acquired" in its widest sense to includ…

The testator, Nerode Chandra Vasu Mullick, executed a will bequeathing his immovable property to his son Hamir Chandra Vasu Mullick for life, with further appointments to his sons, grandsons, or, failing male issue, to daughters or their sons. The will contained clauses allowing conversion of the property and an option…

Sham Singh, the sole owner of a 47-kanal land, executed a will bequeathing two‑thirds of the property to his brothers and one‑third to his widowed daughter, Balwant Kaur, as a life interest that would revert to the brothers on her death. The daughter, a destitute dependent of her father, claimed full ownership of the o…

The deceased Chiranjilal Shrilal Goenka left a will appointing his younger daughter as executrix, which was contested by Radhey Shyam, who claimed to be an adopted son. The parties, along with another claimant, were brought before a Supreme Court order that appointed a retired Chief Justice as arbitrator to resolve the…

The appellant Raj Kumari filed a partition suit claiming a one‑fourth share in a tenement allotted to her mother Suhagwanti. The respondent Surinder Pal Sharma defended the suit by producing a registered Will dated 02‑01‑1992, allegedly executed by Suhagwanti in his favour and attested by Ramesh Kumar (the appellant's …

The respondent filed a suit for possession of property on the basis of a Will that was signed by two attesting witnesses. At trial only one attesting witness and the scribe were examined, while the second witness, though alive, was not called. The trial court accepted the Will, but the District Judge reversed, holding …

The H.C. Dhanda Trust executed a Deed of Assent to vest two immovable properties in its beneficiaries, paying only Rs.200 stamp duty. The Collector of Stamps treated the deed as a gift deed, levied a deficit duty of Rs.1.28 crore and imposed a ten‑times penalty of Rs.12.80 crore, which was upheld by the Board of Revenu…

Maya Singh died leaving a registered Will dated 16 May 1991 that bequeathed his 67-kanal land to his nephew, Gurdial Singh, while omitting any reference to his wife, Jagir Kaur, and providing no reason for her disinheritance. The nephew sued to enforce the Will, and the wife filed a separate suit claiming she was the l…

The case involves a property dispute between the branch of Lakshmiah Naidu (respondents) and legatees under a Will (appellants) of Rangaswami Naidu, who died on 01.06.1955 before the Hindu Succession Act, 1956. The appellants claimed that Rangaswami Naidu had severed the joint family status through a newspaper notice a…

The testator S.P. Sadanandan bequeathed specific property to his two sons and appointed his wife, elder son and a chartered accountant as executors. After the chartered accountant relinquished, the widow and elder son remained as joint executors and obtained probate. The elder son executed a possessory mortgage of the …

Natha Singh executed two wills, one in 1979 bequeathing his Punjab house to his son Shag Singh and another in 1986 bequeathing his Haryana house to his second son Jaskirat Singh. After Natha Singh's death, Jaskirat filed a suit for possession of the Haryana house, while Shag Singh's brothers filed a suit claiming owner…

Rameshwar Manjhi, a coal cutter, was injured at work and was denied light‑duty work, leading to his termination and compensation. He filed an individual industrial dispute under Section 2A of the Industrial Disputes Act, 1947, which was referred to the Central Government Industrial Tribunal. While the reference was pen…

The claimant suffered severe injuries in a motor accident in 1999 and filed a claim under Section 166(1)(a) of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded only Rs.1,00,000, which the claimant appealed; he died in 2015 of causes unrelated to the accident, and his daughter was substituted as…

The deceased holder of several National Savings Certificates (NSC) died, and his widow and daughter sought a succession certificate under s.370 of the Indian Succession Act for the debts and securities, including the NSCs where the deceased had nominated his brother and step‑brother as nominees. The trial court exclude…

Florine D' Souza, a 96‑year‑old bedridden woman, executed a will bequeathing land to Apoline D' Souza (appellant) and John D' Souza (respondent). The appellant, unrelated to the testatrix, claimed the bequest was due to his service to her and applied for letters of administration under Sec. 276 of the Succession Act, 1…

Binapani Kar Chowdhury filed a title suit in 1995 challenging the validity of a sale deed executed by the deceased Avarani Bose in favour of S.S. Basu. The plaintiff died in 1997 and the first respondent, claiming to be the executor and legatee under a 1996 will, was substituted as the legal representative under Order …

The father executed a registered Will in 1972 bequeathing property to two sons and two daughters, omitting his eldest son (appellant). After the father's death in 1980, the appellant claimed that the earlier Will had been revoked by two subsequent unregistered Wills dated 25 April 1980 and 2 May 1980, which allegedly g…

The deceased Umeshchandra Madhav Joshi executed a Will in a hospital ICU bequeathing his entire residuary estate to his son Dr. Niranjan Umeshchandra Joshi, who also acted as executor. The Will was attested by an advocate and a doctor, both known to the appellant, and was drafted under circumstances that raised doubts …

FGP Ltd., a public limited company, occupied a flat in Mumbai under a tenancy agreement dated 16‑07‑1981. The legal representatives of the original owner filed a suit for possession under the Bombay Rent Act, 1947, claiming reasonable and bona‑fide requirement; the Small Causes Court, the appellate authority and the Hi…

The case concerned agricultural land in Surat district that was held by Samubhai Budhiabhai, a tenant who became a deemed purchaser under the Bombay Tenancy and Agricultural Lands Act, 1948. Samubhai executed a will bequeathing the land to Vinodchandra Kapadia, who was not an agriculturist. The State challenged the dis…

The Supreme Court examined a dispute over a Will executed by 70‑year‑old Sarajumani Dasi in favour of a stranger, Brajakishore Nanda. The Will and a sale deed were executed on the same day, but the original Will was never produced; only a certified copy and a Xerox copy were offered. The Court found that the attesting …

The father of the appellant executed a will that was purportedly attested by five persons; only two actually signed, while three "Nishanis" neither signed nor affixed a thumb impression. One of these, identified as DW‑2, claimed to have attested the will but his name was written by a scribe on his direction. The Sub‑or…

The Gaudiya Mission claimed that a will and codicil executed by its disciple, Kum. Uma Bose, in 1994 and 1996 respectively, vested her property in the Mission. After Uma's death, her sister Kum. Shobha Bose obtained a Letter of Administration and later filed a testamentary suit, which a Single Judge of the Allahabad Hi…

The testator, Jayant Shivram Salgaonkar, died leaving fixed deposits and mutual fund securities for which he had nominated certain family members under Section 109A of the Companies Act, 1956 and Bye‑law 9.11.1 of the Depositories Act, 1996. The nominees claimed that the nomination gave them absolute beneficial ownersh…

The appellant, Shanti Devi, claimed a Will executed by her mother in her favour and sought mutation of the property. Her sister, Daropti Devi, challenged the Will's validity, filing suits for perpetual injunction and declaration, both dismissed by the trial court. The Delhi High Court remitted the entire case to the tr…

The Official Trustee of West Bengal, as executor and trustee of a 1919 lease, was asked by Stephen Court Ltd. to apply to the Calcutta High Court for an extension of the lease under Section 302 of the Succession Act, 1925 read with Section 26 of the Official Trustees Act, 1913. The High Court entertained the applicatio…

The deceased Surjan Singh Randhawa executed an unregistered Will in 1961 bequeathing property to his eldest daughter, Gian Hanspal. Twenty years later, a probate petition was filed and the Calcutta High Court granted probate on 4 June 1982 without issuing citations to all legal heirs, notably the younger daughter Beena…

The petitioners purchased land in Delhi after a Section 4 notification under the Land Acquisition Act, 1894 had been issued, and later sought a declaration under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 that the acquisition had lapsed. …

The appellant, a widowed daughter, claimed ownership of her mother’s property based on a registered will that left the entire estate to her, excluding her six sisters. The lower courts dismissed the will, alleging that the exclusion of other heirs rendered the will suspicious and that the mother never became the sole o…

The case concerned the construction of a 1985 Will of Hillol Kanti Guha, who bequeathed his dwelling house in equal shares to his brother Shyamalkanti Guha and sister Meena Bose, with a clause that the brother could occupy the premises absolutely after the sister's death. The sister filed a suit for partition seeking a…

Gosaidas Samanta executed a will in 1929 bequeathing his extensive property to his sons and grandson. The attesting witnesses to the will were dead, and the propounder relied on depositions of the testator's sons, a witness who saw the signing, and related documents such as a 1945 partition deed and an acknowledgment d…

The testator Claude Pinto executed a will appointing his son as executor to sell a property and distribute the proceeds, while also allowing the legatees to seek partition. The executor entered into a sale agreement with the tenant, M.V. Shankar Bhoi, which contained a clause that the sale was "subject to ratification …

Vijaya Ukarda Athor, daughter of a deceased municipal employee, applied for a compassionate appointment in 1997 as a minor and again in 1998 after attaining majority. She married in 2009, and the corporation appointed the deceased's illegitimate son in 2012, rejecting her claim on the ground that only unmarried daughte…

The case concerned the succession of property belonging to a Goan domicile, Joaquim Mariano Pereira, who had bequeathed a Bombay immovable to one daughter while the other two daughters contested the applicability of the Portuguese Civil Code, 1867, to that property. The dispute centered on whether the Portuguese Civil …

The case concerned a pension fund set up as a trust by Mis Dunlop India Ltd. After the beneficiaries had been paid, the trustees applied to the Calcutta High Court under Section 34 of the Indian Trusts Act seeking a direction on the surplus fund. The High Court refused to entertain the application, holding that Section…

The appellant, son of the testator, applied for probate of his father's will. The Additional District Judge rejected the application, but the Gauhati High Court, on appeal under Section 299 of the Indian Succession Act, 1925, granted letters of administration. The respondents filed a letters‑patent appeal against the H…

The plaintiff, a tenant, engaged an advocate to file a Special Leave Petition in the Supreme Court against an eviction order. The petition was dismissed as withdrawn, and the plaintiff sued the advocate for negligence and misconduct, claiming damages. The plaintiff died during the suit, and his legal representatives so…

Ram Devi, a 75‑year‑old widow, executed a will on 30‑March‑1962 in favour of Shamsher Singh, an agnate five degrees removed, disinheriting her two surviving daughters. After her death in 1990, Shamsher Singh sued the daughters (appellants) to set aside a mutation order in their favour, claiming he had looked after the …

The appellant, Kanwarjit Singh Dhillon, filed a civil suit seeking a declaration that certain immovable and movable properties left by his father, the late S. Kirpal Singh, were joint Hindu family assets and an injunction restraining the respondent from alienating them. The respondent had obtained probate of an unregis…

Sankaran Nair executed a registered Will on 7 August 1971 bequeathing his property to his sister Nanikutty Amma's children and their descendants, while leaving a modest sum to his son Madhavan Nair. The son challenged the Will, alleging suspicious circumstances such as the testator's ill health, the registrar being bro…

A Hindu widow executed a will in favour of the respondent. After her death, the respondent obtained a grant of probate from the High Court, but failed to disclose that the testator owned property in Uttar Pradesh and did not publish citations there as required by Section 283(3) of the Indian Succession Act. The appella…

The plaintiff, Joyce Primrose Prestor, sought letters of administration for her mother’s estate, relying on a holograph will dated 19 June 1964 that bequeathed equal shares to her three daughters. The husband and two other daughters contested the will, alleging undue influence by the plaintiff. The trial court held the…

The petitioner, Elizabeth Antony, lodged a caveat to oppose the grant of probate of a will claimed to have been executed by the deceased Mary Aline Browne, alleging that the will was fictitious and that she had a caveatable interest arising from a trust, a gift deed and a later will of Zoe Enid Browne. The Subordinate …

The petitioners, Major Ravinder Nath Agarwal and his sister Lily Nath, sought transfer of a partition suit and a testamentary case involving a Will dated 06‑04‑2011 of their father. The first petition asked to move the partition suit from the Additional District Judge, Saket, Delhi to the District Court, Nainital, whil…

The case concerned a Will executed by a villager, Kehar Singh, bequeathing his agricultural lands to his sons, which was challenged by his daughter Bachan Kaur on the ground that the Will was not duly executed and was surrounded by suspicious circumstances. The trial court and the first appellate court held the Will ge…

The petitioners, daughters of the deceased, filed an application under Sections 192‑195 of the Indian Succession Act seeking possession of their ancestral house, alleging illegal occupation by the respondent who claimed title under a purported joint will. The District Judge, in a summary proceeding, examined the will i…

The Supreme Court examined the legality of transactions that rely on Sale Agreements, General Power of Attorney or Wills (collectively termed SA/GPA/Will transfers) as a mode of transferring immovable property. It observed that such arrangements are used to evade stamp duty, registration fees and to facilitate black‑mo…

Manvantrai Mehta died leaving property and a will of his wife Kamlaben. The sons, including Chandravadan Mehta, obtained probate of Kamlaben’s will in 1987. The other children, led by Nalini Navin Bhagwati, filed an application under Section 263 of the Indian Succession Act to revoke that probate. The trial court refus…

The brothers of a 14‑year‑old boy who was killed in a bus accident filed an application under Section 110‑A of the Motor Vehicles Act, 1939, seeking compensation as legal representatives of the deceased. The Motor Accidents Claims Tribunal awarded Rs 32,000 and the Gujarat High Court dismissed the transport corporation…

The appellant Muninanjappa claimed that a Will dated 1 June 1942 gave him and Guruswamy only a limited, non‑alienable life interest in a house, with absolute ownership only if a son was born. Guruswamy died without male issue and his widow Sevamma sold the property to respondents R. Manual and others. The trial court a…

The male testator executed a 1941 will granting each of his two wives a life interest in half of his property, with his daughter as ultimate beneficiary. After the testator's death in 1958, one widow executed a 1966 will transferring her interest to a stranger. The daughter (respondent) sued, arguing the widow only had…

The deceased E. Srinivasa Pillai executed a will bequeathing his house to his only son S. Damodaran, excluding his daughters. The will was produced fifteen years after the testator's death by the son’s widow, C. Saradambal, who sought Letters of Administration, while the daughters contested its validity alleging fabric…

The case concerned a perpetual leasehold Nazul plot in Allahabad that had been transferred to the Maharaja of Maihar and later bequeathed by the Maharaja to his second wife’s son. The appellant purchased the plot from the elder son, while the respondents claimed title as members of the joint Hindu family asserting copa…

The Supreme Court examined an appeal by the Taluk Land Board against a Kerala High Court order that accepted sale deeds executed by the sisters of Cyriac Thomas, the declarant. The central question was whether the sisters, as daughters of the deceased Elanjikkal Cyriac, possessed a legal share in the agricultural land …

The Commissioner of Gift Tax appealed against a Kerala High Court order that allowed an exemption from gift tax on a transfer of movable assets made by a Muslim businessman who was seriously ill and died six weeks after executing a settlement deed. The issue was whether the transfer qualified as a "gift in contemplatio…

The Supreme Court considered an appeal by Sunil Gupta, successor of a purchaser of property belonging to the deceased Har Bhagwan, who sought to be impleaded in probate proceedings concerning a will dated 09‑09‑1997. The petitioners (the daughters of the deceased) had applied for probate, while the sons objected and on…

The case concerned the revocation of letters of administration granted to a brother of the deceased under a registered will dated 23‑08‑1991. Another brother filed an application for revocation, alleging that all legal heirs had not been impleaded in the proceedings. The Madurai Bench of the High Court held that a "jus…

The plaintiff, Madhukar D. Shende, claimed title to a suit property based on a registered will executed by the deceased Bhagubai in favour of her niece Chingubai, which was later transferred to the plaintiff. The defendant, Tarabai Abashedage, contested the will, alleging oral gift and adverse possession, and the trial…

Basappa filed a divorce petition under Section 13(1)(i‑b) of the Hindu Marriage Act and obtained an ex‑parte decree on 15‑12‑1989. Basappa died on 26‑05‑1990; the wife, Shantavva, claimed she only learned of the decree on 31‑03‑1990 and was not properly served, filing an application under Order IX Rule 13 CPC to set as…

The mother, K.P. Janaki Amma, executed two wills in 1981 and 1982 bequeathing a house to her daughter Kamala Menon and granddaughter Geetha, expressly excluding her sons. The sons challenged the validity of the later will, alleging undue influence, suspicious circumstances such as the daughter’s involvement in executio…

Ralla Singh, a Hindu male, executed a will bequeathing his self‑acquired property to his wife Isher Kaur for life, with a restriction that she could not alienate the property and that after her death the two nephews would inherit. After Ralla's death, Isher Kaur gifted the property to a Gurdwara, which the nephews chal…

The Supreme Court examined an appeal by advocate P.D. Gupta under Section 38 of the Advocates Act, 1961, challenging his one‑year suspension imposed by the Bar Council of India for professional misconduct. Gupta, who had acted as counsel for a client in litigation over the estate of the deceased Srikishan Dass, purchas…

Usha Subbarao, the widow of B.N. Subbarao (one of five sons of Dr. N.S. Nanjundiah), claimed a one‑fifth share in the properties left by her father‑in‑law under a 1935 will. The will divided the estate into Schedules A, B, C and D, gave management rights to the testator’s wife, and stipulated that sons could demand par…

Dr. B.C. Singh and his wife, Dr. S.L. Singh, jointly purchased a property, each holding an equal half. After Dr. S.L. Singh died intestate without issue, her husband claimed his statutory share under the Indian Succession Act, 1925, while the defendant J.M. Utarid, a distant kindred, claimed a one‑quarter share as a co…

Sitabai executed a will bequeathing her self‑acquired property to her husband, Ramachandra, for his lifetime and thereafter to three minor nephews. After the testator and her husband died, the husband's brother and his children took possession, and a compromise decree was obtained in an injunction suit, which the minor…

The appellants sought probate of a Will dated 10‑Nov‑1992 executed by their mother, Cecelia Gertrude Lobo, which was contested by one brother (defendant No.5) on grounds of alleged suspicious circumstances. The trial court found that the Will was duly executed, satisfying Section 63 of the Indian Succession Act and Sec…

The testator Kanha Barik Mhatre executed a Will in 1963; after his death, the legatees (respondents) obtained probate while the appellants filed a caveat and later withdrew it. The parties entered into a compromise agreement claiming to alter the Will’s terms and a separate family‑arrangement agreement for the sale of …

The petitioners challenged a Madras High Court judgment that a Letters Patent Appeal under Clause 15 was not maintainable against an order of a single High Court judge hearing an appeal. The Supreme Court examined the interplay between Section 104(1) and (2) of the Code of Civil Procedure, the saving provision in Secti…

The case concerned the succession to the private properties of the late Raja Harinder Singh of Faridkot. The Raja had executed several wills, the last of which (dated 1‑June‑1982) purportedly left all his property to a trust for his two younger daughters, excluding the eldest daughter, Rajkumari Amrit Kaur. The eldest …

Brahmadeo Singh, a coparcener in a Mitakshara joint family, filed a suit for partition of his share. The suit was dismissed and while the appeal was pending he died. His alleged daughter, Pavitri Devi, filed an application for substitution, claiming she was his heir and that a registered gift deed dated 5 August 1980 c…

The testator’s 1951 Will gave life interest in two houses to her sisters and, after their deaths, vested absolute title in the male heirs, subject to a clause that any sale must be to the other male heirs at market price and not to strangers. After a partition, Rukmani Ammal and her son sold one house (property B) to K…

Jogesh Chandra Das executed a Will in 1983 appointing his wife Parul Bala Das and son Samir Chandra Das as executors. During probate proceedings the executors sold land covered by the Will; Samir signed as a witness to the sale deed. The Calcutta High Court held that by signing as a witness Samir had implicitly renounc…

The petitioners, tribal women from Bihar, challenged Sections 7, 8 and 76 of the Chota Nagpur Tenancy Act, 1908 as discriminatory against women and violative of Articles 14, 15 and 21 of the Constitution. The Court examined whether the Hindu Succession Act, 1956 and the Indian Succession Act, 1925 applied to Scheduled …

The widow Nirmaljit Kaur filed a writ petition under Article 32 seeking production of her minor daughter, alleging that the husband's siblings forcibly took the child after his death and concealed her whereabouts. The respondents claimed the child had lived with them since birth and produced a passport, later asserting…

An unwed Christian mother filed a petition under Section 7 of the Guardians and Wards Act, 1890, seeking to be appointed guardian of her five‑year‑old son. The Guardian Court dismissed the petition because the mother refused to disclose the name and address of the child’s putative father, holding that Section 11 requir…

The mother bequeathed two properties to her daughters, Subhadra Rani Pal Choudhary and Jyotsnamayee Pal Choudhary, who obtained probate. The brothers appealed; during pendency the sisters were appointed administrators‑cum‑joint receivers and were permitted by the Calcutta High Court to lease the premises to Harvard Hou…

The appellant, Yumnam Ongbi Tampha Ibema Devi, claimed that her father‑in‑law Yumnam Gouramani Singh executed a valid will on 13‑8‑1986 bequeathing land to her. The respondents contested the will, alleging it was not duly executed. The Supreme Court examined whether the will complied with Section 63 of the Indian Succe…

The appellant, a disinherited daughter, challenged a will executed by her ailing father one day before his death, which left all property to the sons of her sister. She alleged that the beneficiary's father had taken an active role in drafting the will and that suspicious circumstances surrounded its execution, despite…

Balai Chand Ghosh, who had three wives and nine children, executed a will bequeathing a suit property to his son Arindam (the third wife's son) and appointed him executor. During the testator's lifetime, sale agreements were executed by Arindam as a constituted attorney, and the testator received part of the considerat…

The case concerned the intestate succession of self‑acquired property of Narayani Devi, a widow who was expelled from her matrimonial home and lived with her parents. After her death, her mother and her brothers applied for a succession certificate, while the heirs of her husband also claimed the property. The Supreme …

Antoinette Bhagwat's will was probated in California and, in ancillary proceedings, letters of administration were granted by the Bombay High Court in 1994 to Dr. Surendra Parakhe. Ramesh Nivrutti Bhagwat, a relative of the deceased's husband, claimed he had no notice of this grant and filed a petition in 1999 seeking …

The husband of a patient filed a consumer complaint under the Consumer Protection Act, 1986 alleging medical negligence by Dr. P.B. Lall, which was partly upheld by the District Forum awarding compensation. The State Consumer Disputes Redressal Commission set aside the award, and the matter proceeded to the National Co…

The deceased Siva executed a will bequeathing his property to his step‑brother's children, excluding the plaintiffs who were children of his real sister. The plaintiffs sued for a declaration and possession, claiming they were the rightful heirs. The trial court held the will proved and dismissed the suit. The lower ap…

The dispute concerned the succession to the suit‑schedule property of the deceased parents, C.R. Pius and Philomina Pius, who had executed a joint will bequeathing the property to the appellant C.P. Francis. The respondents, other children of the deceased, challenged the will on the grounds of lack of testamentary capa…

The appellants filed a partition suit claiming title to a half of a property based on a will executed by Masane Gowder in favour of two sisters. The respondents contested the will, arguing that the property was joint family property and that the will was not properly attested. The trial court held the will unproved; th…

The respondents filed a suit claiming title to ancestral land based on a will dated 24‑10‑1943 executed by the testatrix, Smt. Nagammanni, and registered the next day. The trial court and the first appellate court dismissed the suit, holding that the will was not proved because it did not satisfy Section 63(c) of the S…

The testator executed a will on 9 September 1991 and died on 5 October 1995. A probate petition filed by a respondent was withdrawn on 9 August 1999, after which respondents 1‑3 filed a petition for letters of administration on 7 August 2002. The appellant argued that the petition was barred by the three‑year limitatio…

The appellants sought registration and mutation of a will dated 3 May 1998, which was contested by the testatrix's heir in both civil and criminal proceedings alleging forgery. While the criminal case (IPC 420, 468, 444, 34) was instituted before the probate suit under the Indian Succession Act, the appellants applied …

The dispute arose from a Will executed by Bishan Sahai Vidyarthi in 1965, which set aside Rs.30,000 for the benefit of his widowed daughter‑in‑law Chandramukhi and her son Narendra Gopal Vidyarthi. Within a month the testator purchased an immovable property with that amount. After the testator's death, the property was…

The deceased Kanhaiya Lal executed three wills, the last dated 15 November 1978, bequeathing his property to his adopted son Mahaveer Prasad. The non‑adopted family members challenged the 1978 will as a forgery and claimed the earlier registered will of 23 December 1974 was the last valid testament. The trial court hel…

The Supreme Court examined a dispute over a bungalow bequeathed by Smt. Chanan Kaur to the Randhir Jagjit Hospital. The State Government, as successor to the Hospital, sought eviction of Mohan Krishan Abrol, who claimed he was a tenant under a ten‑year lease and that the Hospital was only a beneficiary, not the owner. …

Ram Nath Dewan executed a 1942 will granting his wife Satyawati a life estate in the Doctor's Lane house and directing that after her death the property go to his legal heirs. After Ram Nath's death, the son (first defendant) contested the will, claiming a later 1950 will, and the parties litigated until a 1955 settlem…

The plaintiff claimed title to a Delhi property on the basis of an agreement to sell, a general power of attorney, a receipt of consideration, an affidavit and a registered will executed by his father, Kundan Lal. The trial court and High Court had upheld his claim, but the Supreme Court examined whether these document…

The appellant sought a Letter of Administration on the basis of a Will dated 22‑10‑1973, allegedly executed by the deceased Nathu Singh in favour of the appellant. The trial court held the Will validly executed and granted the administration, but the High Court set aside that order, finding the Will not proved under Se…

Bijivemula Subba Reddy executed a 1920 muffussil will bequeathing all his movable and immovable property to his minor granddaughter Lakshumamma, appointing his son‑in‑law Rami Reddy as executor and guardian. The will contained a defeasance clause: if the daughter Pitchamma and Rami Reddy failed to adopt a son who would…

The respondents filed a consumer complaint alleging that the sole proprietor developer failed to complete construction and pay dues under a 1996 Development Agreement. The developer died during the pendency of the case, and the legal representatives were directed by the NCDRC to both pay monetary amounts and to perform…

The appellant Gopal Krishan claimed title to a one‑quarter share of land in Gurdaspur based on a Will executed by the deceased Sanjhi Ram on 7 November 2005, which was subsequently transferred and sold. The respondents challenged the Will, alleging it was forged and that the attesting witness had not testified that the…