affect or
invalidate any disposition or alienation including any partition or
testamentary disposition of the property which had taken place before
20.12.2004.
(vi) After substitution ... succession under the
provisions of the Hindu Succession Act or based on testamentary
succession.
(vii) The decision in Prakash v. Phulavati to the effect that
consequence is that as per the impugned provision the testamentary disposition of property in relation to all forms of religious and charitable purposes is subject ... purview of Sections 5 to 49 , 58 to 191 and 212 . Testamentary succession has been dealt with in Part VI of the Act . Section
deceased Kanha Barik Mhatre has
been granted by this Court in Testamentary and
intestate jurisdiction on 9th July, 1998. In the
probate granted by this ... Barik
Mhatre, Section 302 of the Indian Succession Act,
1925 empowers the Testamentary Court to give to
the Executor any general or special directions with
mutate
the name of the first respondent as a lessee under the
testamentary disposition made by the original lessee which
was confirmed by the Division ... covenants contained in the lease deed. The succession may be
either testamentary or intestate succession. In this case,
it is testamentary succession. In support thereof
estate of the deceased which could be
disposed of by testamentary disposition-Pension Regulations
for the Air Force Rules 74, and 79.
HEADNOTE:
Dismissing ... under rule 74 of the Rules could not be subject-
matter of testamentary disposition. Special family pension
is payable to the widow on the death
only.
3.What, therefore, falls for consideration is if the
testamentary disposition of property by a male Hindu by a
will which comes into operation ... succession yet to become a complete code it
purports to deal with testamentary succession as well.
Section 30 which is the lone section in Chapter
dispose of his undivided share in the joint family property by testamentary disposition including by way of gift to his daughter. The interest held ... provides that 'any Hindu may dispose of, by will or other testamentary disposition, any property which is capable of being so disposed
therein
(item No. 1 of the plaint schedule) discloses a testamentary disposition or
a settlement creating vested rights in favour of the plaintiffs and
defendant ... exhibit A1
is concerned, the same has the characteristics of a testamentary
disposition, therefore not available for partition. The court held that B3
sale deed
property : the entire estate is vested in her.
Absence of testamentary power in a female bhumidhar qua her
holding is reconcilable with devolution upon ... classes mentioned in s. 169 (2) the right to make a
testamentary disposition of bhumidhari holding was expressly
denied; (b) on the death
amended on 9.09.2005) no disposition or alienation
including partition or testamentary disposition of property which took place before
20.12.2004 shall be invalidated or set aside ... became necessary to
save the dispositions or alienations, including any partition or testamentary
succession, which had taken place before 20-12-2004. A daughter
