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SANJAY KUMAR DWIVEDI
Premendra Kumar – Appellant
Versus
Dharmender Kumar – Respondent
JUDGMENT
Heard Mr. Saurabh Shekhar, learned counsel appearing for the appellant and Mr. Himanshu Kumar Mehta, learned counsel appearing for respondent nos. 1 to 6.
2. This appeal has been filed under Section 299 of the Indian Succession Act, wherein, the challenged is made to the judgment and order dated 25.05.2017 passed in Letter of Administration Case No.08 of 2016, passed by the learned Additional Judicial Commissioner-VII, Ranchi and further challenge is made with regard to grant of letter of administration vide order dated 15.07.2017 in favour of Sri Dharmender Kumar-respondent no.1.
3. Mr. Saurabh Shekhar, learned counsel for the appellant submits that respondent no.1 approached the learned Court under the provision of Section 278 of the Indian Succession Act and sought for grant of letter of administration of the Will executed by Malti Devi, who left for her heavenly abode on 29.09.2004 by filing Letter of Administration Case No.08 of 2016. He further submits that the said letter of administration case was moved through the application, affidavited on 16.02.2016, wherein, respondent no.1 has claimed that one Malti Devi, wife of Late Sita Nath Upadhay had acquired some immova
Probate of Will – Probate proceeding is not merely inter-partes proceeding but leads to judgment in rem and even when no one contests, it does not ipso facto lead to grant of probate – Probate is gra....
The court ruled that an unregistered Will must overcome all reasonable suspicions, especially if filed long after the testator's death, failing which the grant of letter of administration cannot be s....
A holographic Will is presumed valid unless strong evidence is presented to the contrary. Delays in seeking letters of administration do not invalidate the Will if the right to apply arises from lega....
The absence of an original Will does not invalidate its probate if secondary evidence sufficiently proves its execution and the delay in application is justified.
Important Point : A will can be proved through secondary evidence if the original is lost, and Letters of Administration can be granted when no executor is appointed.
A will must be executed in accordance with statutory requirements, and any suspicious circumstances must be adequately addressed by the propounder for the will to be validated.
(1) When a Will is allegedly shrouded in suspicion, its proof ceases to be a simple lis between plaintiff and defendant.(2) Genuineness of Will must be proved by proving intention of testator to make....
Grant of letters of administration – Presumption under Section 90 of Evidence Act, 1872 as to regularity of documents more than 30 years of age is inapplicable when it comes to proof of Wills, which ....
The court emphasized the necessity for trustworthiness in witness testimony regarding the execution of Wills, particularly when suspicious circumstances exist, impacting the appellant's ability to pr....
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