AI Overview...
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Application to Declare Will Null and Void - Multiple cases involve suits or appeals seeking to declare a deceased person's will null and void due to issues such as fraud, suspicious circumstances, lack of voluntariness, or jurisdictional defects. Courts generally scrutinize the validity of the will, often highlighting that a null and void deed confers no rights or legal consequences Harbans Kour VS Swaran Singh - Jammu and Kashmir, Rajinder Kumar VS Mamita @ Mitu - Himachal Pradesh, BALRAM KIRAR THROUGH LRS VS RAMKRISHNA - Madhya Pradesh, Krishan Singh (Deceased) through LRs. VS Dayal singh (Deceased) through LRs. - Himachal Pradesh.
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Grounds for Declaring a Will Null and Void - Common grounds include suspicion of forgery, undue influence, fraud, lack of voluntary disposition, or procedural irregularities. For example, in one case, the will was challenged on the basis that it was obtained through fraud and undue influence, leading to its declaration as null and void Amrik Singh VS State of Haryana - Crimes.
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Effect of Nullity - Deeds or wills declared null and void have no legal effect, and any rights or titles derived from such documents are invalid. Courts have dismissed appeals or suits where the primary document was found to be invalid, emphasizing that null and void acts cannot produce legal consequences Brijesh VS Manorama (Deceased) - Allahabad, State of Nagaland VS Berila - Gauhati.
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Procedural Aspects - Challenges to null and void acts can be made at any time, even after considerable delay, but courts may dismiss applications if they are barred by limitation or procedural lapses. For instance, an application filed after many years was dismissed, reaffirming that null acts can be challenged at any time but must adhere to procedural rules Vaijnath s/o. Yeshwant Jadhav (since deceased by L. Rs. ) VS Afsar Begum w/o. Nadimuddin Kazi (since deceased by L. Rs. ) - Bombay.
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Specific Case Insights - Courts have set aside orders or decrees conferring proprietary rights or executing sale deeds when found to be vitiated by fraud or jurisdictional errors. For example, a court declared a proprietary rights order null and void due to lack of jurisdiction, setting aside subsequent revenue entries Krishan Singh (Deceased) through LRs. VS Dayal singh (Deceased) through LRs. - Himachal Pradesh.
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Summary of Legal Principles - Acts or documents (wills, sale deeds, proprietary orders) found to be null and void do not produce legal rights or consequences. Challenges based on suspicion, fraud, undue influence, or procedural irregularities are valid grounds for declaring such acts null and void. Courts uphold the principle that null acts can be challenged at any time, but procedural compliance is essential Harbans Kour VS Swaran Singh - Jammu and Kashmir, Brijesh VS Manorama (Deceased) - Allahabad.
References: - Harbans Kour VS Swaran Singh - Jammu and Kashmir, Rajinder Kumar VS Mamita @ Mitu - Himachal Pradesh, Amrik Singh VS State of Haryana - Crimes, Brijesh VS Manorama (Deceased) - Allahabad, State of Nagaland VS Berila - Gauhati, BALRAM KIRAR THROUGH LRS VS RAMKRISHNA - Madhya Pradesh, Krishan Singh (Deceased) through LRs. VS Dayal singh (Deceased) through LRs. - Himachal Pradesh, Vaijnath s/o. Yeshwant Jadhav (since deceased by L. Rs. ) VS Afsar Begum w/o. Nadimuddin Kazi (since deceased by L. Rs. ) - Bombay, Sujeet Kesharwani vs Modi Grah Nirman Sahakari Samiti Maryadit Jabalpur - Madhya Pradesh, Mariyammal VS Dhandapani - Madras
Search Results for "Application to Declare Appeal Filed by Deceased as Null and Void"
2007 0 Supreme(J&K) 186 • India - Jammu and Kashmir
J.P.SINGH
Fact of the Case: The respondent filed a suit to declare a Will null and void and to restrain the petitioner from selling ... the petitioner's application for condonation of delay, leading to the dismissal of the appeal as time-barred. ... The court held that the Will deed executed by the deceased was not sustainable in the eyes of the law and was liable to be declared ... Petitioner Harbans Kour filed an appeal ....
2023 0 Supreme(HP) 390 • India - Himachal Pradesh
SANDEEP SHARMA
- Article 227 - Limitation Act, 1963 - Will - Suit for declaration - Rejection of plaint - Praying to set aside order and allow application ... Finding of the Court : Court finds that by way of suit sought to be rejected, specific prayer has been made to declare ... Will, executed by Khoto Ram in favour of defendants No.1 and 2 to be null and void on ground that same is shrouded by suspicious ... Applicants, in the application claimed that in the afore suit Will dated 4.3.1995 executed by Khoto Ram was ....
• India - Crimes
HARMOHINDER KAUR SANDHU
No such allegation of forgery made when complainant filed suit to declare will in question null & void - Plaint rather alleged that ... will was not a voluntary disposition by deceased but was obtained by practising fraud and undue influence - Will was bearing signatures ... of complainant and petitioner as attesting witnesses - On the basis of admission made by defendant that will was declared null and ... On the basis of admission made by the defendants in the suit ....
2018 0 Supreme(All) 2265 • India - Allahabad
AJIT KUMAR
Result: Appeal dismissed ... of rights/ title in respect of agricultural holdings – A deed that is null and void has no valid consequence no rights flow for ... of rights/ title in respect of agricultural holdings – A deed that is null and void has no valid consequence no rights flow for ... In the first set, plaintiff-appellant filed appeal against the judgment and decree of the trial court dated 02.03.2013 in respect of O.S. ... No. 47 of 1986 out of which the pre....
2008 0 Supreme(Gau) 89 • India - Gauhati
HRISHIKESH ROY, MAIBAM B.K.SINGH
A claim petition was filed by a person claiming to be the wife of one of the deceased constables. ... The state government filed an appeal challenging the award, alleging impersonation and forgery. ... The court dismissed the appeal, and a review petition was filed based on the discovery that the claimant was non-existent and the ... This review application has been filed seeking review of the judgment and order dated 12.4.2006, passed by this Court ....
2002 0 Supreme(MP) 95 • India - Madhya Pradesh
P.C.AGRAWAL
The second appeal was allowed with costs, and the legal representatives of the deceased plaintiff were declared owners of the suit ... Final Decision: The second appeal was allowed with costs, and the legal representatives of the deceased plaintiff were declared ... The court found that the sale deed was vitiated by fraud and was null and void. ... P. 8 are set aside and civil suit filed by Balaram is hereby decreed and legal repre....
2016 0 Supreme(HP) 686 • India - Himachal Pradesh
RAJIV SHARMA
suit, declared the order conferring proprietary rights null and void, and set aside the consequential mutation and revenue entries ... Final Decision: The court allowed the appeal, set aside the judgments and decrees of the lower courts, decreed the plaintiff's ... Ratio Decidendi: The court held that the order conferring proprietary rights was null and void due to lack of jurisdiction ... Plaintiff filed an appeal before the Additional District Ju....
2010 0 Supreme(Bom) 157 • India - Bombay
V.R.KINGAONKAR
filed by deceased respondent Afsar Begum could not be entertained after lapse of many years. ... The null and void act can be challenged in any proceedings. ... declared as a protected tenant of land Survey No. 202-AA and his name did not appear in the relevant register. ... The application was dismissed by the learned Additional Tahsildar, Ambajogai. The Deputy Collector (L.R.), however, allowed the appeal preferred by deceased res....
2024 Supreme(Online)(MP) 38718 • India - High Court of Madhya Pradesh
AVANINDRA KUMAR SINGH, J
(Paras 4, 8) ... ... Facts of the case: ... The plaintiff filed a civil suit to declare a sale ... deed null and void and sought an injunction against interference with the property. ... and law, leading to the dismissal of the application under Order 7 Rule 11. ... Learned counsel for the revisioner has relied on the judgment dated 3 rd March 2022 passed in Civil Appeal No.1382 of 2022 by Hon’ble Supreme Court in the case of Padhiyar Prahladji Chenaji (deceased) ....
2013 0 Supreme(Mad) 3014 • India - Madras
R.S.RAMANATHAN
Fact of the Case: The plaintiffs filed a suit to declare a preliminary decree null and void, not executable, and not ... Issues: Validity of the compromise decree, maintainability of the suit to declare the decree null and void, and the binding ... It also interprets the provisions of Order 23, Rule 3A and concludes that the suit to declare the decree null and void is not maintainable ... Therefore, the present ....
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