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1 - 10 of 10 (0.83 seconds)The Hindu Succession Act, 1956
Section 30 in The Hindu Succession Act, 1956 [Entire Act]
Section 9 in The Hindu Succession Act, 1956 [Entire Act]
Vineeta Sharma vs Rakesh Sharma on 11 August, 2020
14. Apportionment of share has not been made as per Section 6 of the Hindu
Succession Act (2006 Amendment) which accords the status of coparcener
to a daughter in the Joint Family property with right to equal share. Onkar
Prasad Verma had two daughters and one son from second wife Veena
Verma (defendant no. 1). Daughters of Smt Veena Verma namely, Ashu
Verma and Archana Verma have not been allocated their due share although
they constituted the coparcenary at the time of the death of her father.
Reliance is placed on Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1
ARGUMENT ON BEHALF OF RESPONDENT
Krishna Kumar Birla vs Rajendra Singh Lodha & Ors on 31 March, 2008
22. At the outset it may be noted that a probate court is limited to determination
that the will executed by the testator was his last will. Whether he had right
and title over the subject matter of the will is beyond the range of its
consideration. Role of probate Court is limited to examining whether the
instrument propounded is the last will of the deceased or not, and whether
it is the product of the free and sound disposing mind. Law is settled that
probate Court is not required to look into the title of the property sought to
be bequeathed by the testator. Probate Court does not decide any question of
title of the property itself. Learned Court below was in error to have entered
into the issue of title of the property and dismiss it on that ground. ( Refer to
the decision of Krishna Kumar Birla v. Rajendra Singh Lodha, (2008) 4
SCC 300).
Kattukandi Edathil Krishnan vs Kattukandi Edathil Valsan on 13 June, 2022
42. Under the circumstance, plaintiff's suit is decreed on contest and Smt.
Veena Verma, Ashish Verma, Ashu Verma, Archana Verma and Dr Krishna
Kumar Verma, Ram Kumar Verma and Dr Arun Kumar Verma each will
get 1/7th share in item no.1 and 2 of the Schedule property. Both the first
appeals being F.A 103 of 2011 and F.A.188 of 2008, are disposed of in
terms of the modification of the preliminary decree as stated above. Learned
trial Court is directed to draw final decree and proceed as per the guidelines
laid down by Hon'ble Supreme Court in Kattukandi Edathil Krishnan
and another v. Kattukand Edathil Valson and others, 2022 SCC
OnLine SC 737 and Shub Karan Bubna v. Sita Saran Bubna and
others, (2009) 9 SCC 689.
Shub Karan Bubna @ Shub Karan Prasad Bub vs Sita Saran Bubna & Ors on 21 August, 2009
42. Under the circumstance, plaintiff's suit is decreed on contest and Smt.
Veena Verma, Ashish Verma, Ashu Verma, Archana Verma and Dr Krishna
Kumar Verma, Ram Kumar Verma and Dr Arun Kumar Verma each will
get 1/7th share in item no.1 and 2 of the Schedule property. Both the first
appeals being F.A 103 of 2011 and F.A.188 of 2008, are disposed of in
terms of the modification of the preliminary decree as stated above. Learned
trial Court is directed to draw final decree and proceed as per the guidelines
laid down by Hon'ble Supreme Court in Kattukandi Edathil Krishnan
and another v. Kattukand Edathil Valson and others, 2022 SCC
OnLine SC 737 and Shub Karan Bubna v. Sita Saran Bubna and
others, (2009) 9 SCC 689.
Section 68 in The Indian Evidence Act, 1872 [Entire Act]
The Amending Act, 1897
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