Indian Succession Act, 1925
Section 2(h)- Will The Courts below have thoroughly assessed the material evidences and accordingly came to the right conclusion. Once the will is believed to be a genuine piece of document, there is no need for us to delve into the matter further. In such circumstances, we do not find any reason to disturb the concurrent findings recorded by the Courts below by reasoned judgments. ..... Mohan Lal =VS- Nand Lal, [4 LM (SC) 64]
Sections 42 to 48- It is clear from scheme of the Act that when intestate has not left behind any lineal descendant and has only kindred, the nearer kindred excludes the distant kindred. The first defendant being a distant kindred is not entitled to succeed any share in the property since the intestate has left behind her real sister. .....B.C. Singh -VS- J.M. Utarid, [5 LM (SC) 33]
Section 276- Objection at the belated stage The Appellate Division observed that after examination of 4 witnesses, Ganendra Roy filed a fresh written objection which was accepted by the learned District Judge on 09.04.1997. Against the said order dated 09.04.1997, the petitioner filed the aforesaid appeal. The High Court Division by the impugned judgment and order dismissed the appeal. Then the plaintiff-petitioners filed this petition before Appellate Division from the judgment and order of the High Court Division, it appears that it held that the plaintiff had not been prejudiced due to the acceptance of the written objection. It is the discretion of the learned District Judge either to allow the written objection or to reject it. Since the petitioner had not been prejudiced any way, that is, the discretion had been exercised judicially, Appellate Division does not find anything to interfere with the judgment and order of the High Court Division...... Pollob Kumer Dev VS= Ganendra Nath Roy. [1 LM (AD) 189]
Section 372- Succession Certificate- A Succession Certificate can be granted in an application in which necessary particulars are set out as mentioned in Section 372. There is no dispute that the application made by the appellant set out the aforesaid particulars. Under Section 383, the Certificate so granted could only be revoked for the reasons set out in the said Section. It will be noticed that revocation cannot be granted unless anyone of sub-sections (a) to (e) of Section 383 is satisfied, which is not the case on facts in this appeal. It is clear therefore, that on this ground alone, the learned Sub-Judge was justified in refusing to revoke the Succession Certificate so granted. The High Court was correct in setting aside the Sub-Judge's order on his finding on res judicata, but that was not the end of the matter. The High Court ought to have gone into the other two grounds, which found favour with the sub-Judge, which it did not do. We set aside the judgment of the High Court and restore that of the learned Sub- Judge.....Joseph Easwaran Wapshare =VS= Shirley Katheleen Wheeler, [6 LM (SC) 57]
