Indian Succession Act, 1925

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 …

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…

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 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 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, 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 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 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 …

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 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 …

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…

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 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 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…

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 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…

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 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 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 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 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 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 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 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. …

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…

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 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 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…

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 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 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…

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…

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 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 …

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…

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…

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 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 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 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 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…