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Indian Succession Act

33 judgments · newest first · showing 1–33

FATIMA SHAFIQUE KHAN AND ANRversusTAHERALI AKABARALI MADARWALA AND ORS

Disposed Off

The petitioner Fatima Shafique Khan challenged a City Civil Court order that allowed a Chamber Summons to represent the deceased in L.C. Suit No. 2960 of 2014. The petitioner argued that the respondents had made contradictory statements in their affidavit and that the court incorrectly recorded that …

Uchita Nand Chaudhary @ Uchyita Nand ChaudharyversusSamira Devi

CONVERTED

Uchita Nand Chaudhary appealed the order of the 3rd Additional District Judge, Munger, which rejected his probate application (Probate Case No. 07 of 2017). The appellate court observed that the probate case had not been contested by any other party. Referring to earlier judgments (FA No. 633 of …

Rohit Kumar Singh @ Pramod KumarversusSanjay Singh

CONVERTED

The appellants Rohit Kumar Singh and others filed a first appeal under Section 96 of the Civil Procedure Code against an order dated 26‑08‑2019 of the Additional District Judge, Gaya, which had allowed a probate case ex‑parte. The order was not contested by the opposite party. The High Court, …

Tara SinghversusAmarnath Ray

CONVERTED

The appellant filed a first appeal against a judgment dated 03‑04‑2024 of the Additional District Judge‑II, Rohtas, which had allowed a petition in Probate Case No. 34 of 2020. The court examined the record and noted an earlier order dated 19‑02‑2024 in FA No. 39 of 2022 directing that the appeal be …

Ranju DeviversusSajnai Devi

CONVERTED

Ranju Devi appealed against the District Judge's order dismissing her probate suit as time‑barred at the admission stage. The High Court examined the appeal and noted that the lower court had not entertained the case on merits. Referring to a prior order in FA No. 39 of 2022, the Court directed that …

Ram Prasad Rai alias Prasad RaiversusMahesh Rai

CONVERTED

The appellant Ram Prasad Rai filed a first appeal against a probate judgment dated 28‑04‑2023, which had been decided ex‑parte. The lower court had allowed the probate, and the appeal was not contested. The High Court, noting an earlier order dated 19‑02‑2024 in FA No. 39 of 2022, directed that the …

Sunita SinghversusAjay Kumar Singh

CONVERTED

The appellant Sunita Singh filed a first appeal under Section 96 of the Civil Procedure Code against an order dated 07‑06‑2024 of the Additional District Judge, Bhagalpur, which dismissed her probate application. The lower court had treated the matter as non‑contentious, with no objections from the …

Most. Meena DeviversusSmt. Chanda Devi

CONVERTED

The appellants filed a first appeal under Section 96 of the Civil Procedure Code against a probate judgment dated 29‑01‑2024 that had allowed the probate case. The High Court observed that the probate matter was not contentious and, in view of an earlier order dated 19‑02‑2024 in FA No. 39 of 2022, …

TORRENT POWER LTD.versusRAMABEN BALKRISHNA PUROHIT (DECD. THRO LEGAL HEIRS)

39-RULE DISCHARGED/DISMISSED @ FH

The mother and brother of Shayan filed a suit against Ahmedabad Electricity Company (now Torrent) and Gujarat Electricity Board (GEB) for compensation after Shayan died from electrocution caused by a short circuit in a 132 kV line. The trial court awarded Rs 1,90,000 with interest, holding both …

GUJARAT ELECTRICITY BOARDversusRAMABEN BALKRISHNA PUROHIT (DEC. THRO LEGAL HEIRS)

39-RULE DISCHARGED/DISMISSED @ FH

The mother and brother of Shayan filed a suit against Ahmedabad Electricity Company (now Torrent) and Gujarat Electricity Board (GEB) for compensation after Shayan died from electrocution caused by a short circuit in a 132 kV line. The trial court awarded Rs 1,90,000 with interest, holding both …

Rakesh Chandra SahayversusVikash Chandra Sahay Verma

CONVERTED

The appellant filed a first appeal under Section 299 of the Indian Succession Act challenging a probate judgment dated 20‑12‑2024 that rejected his petition. The lower court had not faced any opposition from the respondents. The Patna High Court, after reviewing the appeal and the office notes, …

Md. Jalil @ MunniversusSagira Begum

CONVERTED

The appellant, Md. Jalil @ Munni, filed a first appeal under section 299 of the Indian Succession Act challenging the order dated 30.10.2024 of the District and Additional Sessions Judge, Bhagalpur, which had rejected his probate application. The lower court had treated the matter as …

Savitri DeviversusRenu Devi

CONVERTED

In First Appeal No. 57 of 2024, Savitri Devi appealed against Renu Devi. The High Court examined the certified copy of the impugned order dated 18‑08‑2024 from the probate case, noting that the probate matter had been finally disposed on merit with no contentious proceedings. The Court observed that …

Bhogendra SahversusYogendra Sah

CONVERTED

The appellant Bhogendra Sah filed a first appeal against the District Judge's order dated 27‑09‑2025 which allowed a probate case (No. 12 of 2023) that was not contested by the respondent. The High Court, recalling its earlier order in F.A. No. 39 of 2022 dated 19‑02‑2024, directed that the present …

Maksudan RaiversusShiv Narayan Rai

CONVERTED

The appellant, Maksudan Rai, filed a first appeal under Section 96 of the Code of Civil Procedure against a 23 May 2018 judgment of the Fast Track Court, Samastipur, which had allowed a probate application in his favour. The appeal was non‑contentious as per the certified copy of the impugned …

MAHESH NATUBHAI GAMITversusCHHAGANBHAI RESHIABHAI THROUGH HEIRS AND L.R.

39-RULE DISCHARGED/DISMISSED @ FH

The appellants challenged a judgment that had set aside a trial court decree declaring a 1986 Will executed by their grandfather Reshiabhai void on grounds of lack of testamentary capacity and undue influence. The trial court had found the Will fraudulent but dismissed the suit for jurisdictional …

V. PRABHAKARAversusBASAVARAJ K. (DEAD) BY LR. & ANR.

2021 INSC 626Appeal(s) allowed

The appellant sought declaration and possession of a house based on a registered Will (Exhibit P4) executed by the deceased in his favour, which was attested by his brother and witnessed by his sister. The respondents admitted the existence of Exhibit P4 but contested it by producing an unregistered …

PHAREZ JOHN ABRAHAM (DEAD) BY LRS.versusARUL JOTHI SIVASUBRAMANIAM K. & OTHERS

2019 INSC 713Appeal(s) allowed

The case concerned the partition of the estate of John D. Abraham, who died intestate in 1964 leaving a wife, two sons and two daughters, one of whom (Triza Kalyani John, later A.S. Meenakshi) converted to Hinduism, married the plaintiff and was paid Rs 50,000 and gold ornaments allegedly to …

RAMANversusUTTAR HARYANA BIJLI VITRAN NIGAM LTD. & ORS.

2014 INSC 885Appeal(s) allowed

A four‑year‑old boy was electrocuted when a live wire fell on his roof, resulting in triple amputation and 100% permanent disability. The parents sued Uttar Haryana Bijli Vitran Nigam Ltd. under Section 68 of the Electricity Act, 2003 for compensation. The Single Judge of the High Court awarded Rs …

P.K. MOHAN RAMversusB.N. ANANTHACHARY AND ORS.

2010 INSC 149Appeal(s) allowed

The appellant, P.K. Mohan Ram, sought partition of his share in a property that the original owner had earlier executed a document titled "Settlement Deed" in favour of 16 relatives. The respondents claimed the document was a will obtained by fraud and that the settlor later executed a revocation …

ADIVEKKA AND ORS.versusHANAMAVVA KOM VENKATESH D BY LRS. AND ANR.

2007 INSC 545Appeal(s) allowed

Hanumanthappa, suffering from cancer, executed a Will two weeks before his death bequeathing his sole agricultural land to his niece (Respondent No.1). The wife and children (appellants) were unaware of the Will, claimed it was fabricated, and sought a declaration that the land was joint family …

HARDEV SINGHversusGURMAIL SINGH (DEAD) BY LRS.

2007 INSC 93Dismissed

Harcharan Singh transferred property to his wife Udham Kaur for maintenance. Udham Kaur claimed absolute ownership, which was upheld by the appellate court. During the pendency of her suit, Harcharan Singh sold the land to Gurmail Singh, who took possession. After Udham Kaur's death, Gurmail Singh …

KAMLA DEVIversusKHUSHAL KANWAR AND ANR.

2006 INSC 1023Dismissed

The appeal concerned a special Letters Patent appeal filed before the CPC (Amendment) Act 2002 came into force. The appellant argued that Section 100‑A of the Code of Civil Procedure, which bars further appeals from a single‑judge decision, should apply retrospectively and thus invalidate the …

NIRMALJIT KAURversusSTATE OF PUNJAB AND ORS.

2005 INSC 593Disposed off

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 …

JOGINDER PALversusINDIAN RED CROSS SOCIETY AND ORS.

2000 INSC 470Dismissed

Ms. Raj Mohini executed a 1985 will in favour of the Indian Red Cross Society and a later 1987 will revoking the former and bequeathing her assets to Joginder Pal. After her death, the Red Cross Society applied for a succession certificate, but the court dismissed the application and granted a …

AHMEDABAD WOMEN ACTION GROUP AND ORS. ETC.versusUNION OF INDIA

1997 INSC 185Dismissed

The Supreme Court dismissed three public‑interest writ petitions that sought to declare various provisions of Muslim, Hindu and Christian personal laws unconstitutional. The petitioners argued that polygamy, unilateral talaq, and discriminatory inheritance rules violated Articles 13, 14 and 15 of …

RAMBIR DAS AND ANR.versusKALYAN DAS AND ANR.

1997 INSC 163

The case concerned the succession to the shebaitship of the Shri Jugal Kishoreji Maharaj Mandir founded by Hari Dass. After the founder's death, his four chelas were nominated but none exercised the power to appoint a successor. The last serving chela, Bansi Dass, executed a will nominating Rambir …

T. VENKATA NARAYANA AND ORS,versusSMT. VENKATA SUBBAMMA (DEAD) AND ORS.

1996 INSC 461Appeal(s) allowed

In a suit for perpetual injunction, the appellants sought to restrain Smt. Venkata Subbamma (deceased) from alienating property granted to her under a 1969 compromise decree in a partition suit. After her death, the respondents, as legal representatives, claimed that Subbamma had executed a will in …

KALYAN SINGH, LONDON TRAINED, CUTTER, JOHRI BAZAR, JAIPURversusSMT. CHHOTI AND ORS.

1989 INSC 370Appeal(s) allowed

The dispute concerned a garden and temple complex in Jaipur claimed as community property of the Darjee (tailors) community. The appellant, Kalyan Singh, challenged a decree that had upheld the plaintiff’s title based on a 1916 will and an 1875 sale deed. The Supreme Court examined whether the …