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HOW TO PROVE WILL IN THE COURT OF LAW. @1                         A Will must be construed objectively and conclusion must be deducted by a rational process of reasoning. Intention of the testator to be  gathered from the recitals in the Will, surrounding circumstances disclosed  from the Will, underlying scheme of the disposition made under the Will as  also the reasons for making bequest therein. The intention of the testator  should be given primary importance and the Court should construe the words  in the background of the intended meaning which the testator himself  described to a scribe to the words used. @2 (Refs: Gnanambal Ammal Vs. T. Raju Aiyar, AIR 1951 SC 103, Bhura Vs. Kashi Ram (1994) 2 SCC 111, Navneet Lal Vs. Gokul and Ors, AIR 1976 SC 794) 13 It is well settled that, mode of proving the Will does not differ  from that, proving any other documents except as to the special requirement  of attestation prescribed in the case of a Will by Section 63 o

Latest Judgments to be discussed    on subject- proof of will, Issuance of Succession certificate, Probate etc., Issuance of legal heirship certificate.  @1 1)“Shahid Khan -Vs-State of Rajasthan, [Criminal Appeal No.1460 of 2008] [Criminal Appeal No.1461 of 2008] [Criminal Appeal No.1462 of 2008] decided by Hon' SC on 2 nd March 2016” wherein it is held that, the delay in recording the statements casts a serious doubt about their being eye-witnesses to the occurrence. It may suggest that the investigating officer was deliberately marking time with a view to decide about the shape to be given to the case and the eye-witnesses to be introduced. The circumstances in this case lend such significance to this delay. PW 25 Mirza Majid Beg and PW 24 Mohamed Shakir, in view of their unexplained silence and delayed statement to the police, does not appear to us to be wholly reliable witnesses. There is no corroboration of their evidence from any other indepen

Person who gets title of property by  holding it for 12-yrs can seek legal recourse   if ousted: Supreme Court  @1                           The  Supreme Court   has held that a person who has acquired right over a  property   as it was in his possession for 12 years can file a suit to re-claim it in case of forced dispossession by the original owner or any other party.                               The top court referred to the "doctrine of  adverse possession ", under which a person who is not the original owner becomes the owner because of the fact that he has been in possession of the property for a minimum of 12-years, within which the real owner did not seek legal recourse to oust him.   @2                                                     A bench of Justices   held that a person, who is not a title holder (original owner) but gets right over the property under the doctrine of adverse possession, is empowered to file law suits to reclaim possess

Challenges to Wills and probate claims: Probate of Will //The importance of a 'Probate Caveat'// The importance of a 'Probate Caveat'  @1                           A probate caveat is a document that is filed in court to prevent the proposed executors or administrators of a deceased person's estate from getting permission to administer the estate assets. A probate caveat is used to challenge a Will itself. For example, where someone believes that the Will was forged or was not written and approved by the deceased person.                  If someone files a Probate Caveat in the wrong circumstances, the court may order that person to pay the costs incurred by the other party in dealing with the caveat. A probate caveat must be filed shortly after a deceased person's death and before probate are granted by the court. If someone has concerns about someone's Will, it is very important that person should seek legal advice as soon as possible after th