FIRST LAW

Succession Act, 1925 - S.301 - Will -  Removal of executor or administrator and provision for successor - W hether the application under Section 301 of the Succession Act can be made only by a beneficiary or legatee, who accepts the Will and, as to whether it cannot be made by a person who seeks to dislodge the Will or contest the application for probate or Letters of Administration with Will annexed '.

Indian Succession Act, 1925 - Ss. 63 & 68 - In this case the only attesting witness DW3’s evidence does not inspire confidence in the mind of the Court and more so it creates suspicion in the mind of the Court with regard to execution and genuineness of the Will. Coupled with this the evidence of defendant Jarnail Singh created all the more cloud on the execution of Will. Jarnail Singh deposed that in lieu of services rendered by him Jagan Nath executed the Will. But the cross examination of Jarnail Singh reveals that he was in Army from the year 1960-1979, whereas the Will was executed in the year 1970. In view of the same it appears highly improbable that Jarnail Singh had an opportunity to render any service to Jagan Nath. Apart from Jarnail Singh none of the other family members entered into the witness box and gave statement in support of services rendered by them. Moreover evidence reveals that Jagan Nath was a Sarpanch of the village and owned 12 Killas of land. Hence, it i...