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Home Bare Acts Phrase: describedIndian Succession Act, 1925 Section 111
Title: Survivorship in Case of Bequest to Described Class
State: Central
Year: 1925
Where a bequest is made simply to a described class of persons, the thing bequeathed shall go only to such as are alive at the testator's death. Exception.If property is bequeathed to a class of persons described as standing in a particular degree of kindred to a specified individual, but their possession of it is deferred until a time later than the death of the testator by reason of a prior bequest or otherwise, the property shall at that time go to such of them as are then alive, and to the representatives of any of them who have died since the death of testator. Illustrations (i) A bequeaths, 1,000 rupees to "the children of B" without saying when it is to be distributed among them. B had died previous to the date of the Will, leaving three children, C, D and E. E died after the date of the Will, but before the death of A.C and D survive A. The legacy Will belong to C and D, to the exclusion of the representatives of E. (ii) A lease for years of a house, was bequeathed to A for his life, and after his decease to the children of B. At the death of the testator, B had two children living, C and D, and he never had any other child. Afterwards, during the lifetime of A, C
View Complete Act List Judgments citing this sectionIndian Short Titles Act, 1897 Section 2
Title: Citation of Acts Described in Schedule
State: Central
Year: 1897
Each of the Acts described in the first three columns of the Schedule may, without prejudice to any other mode of citation, be cited for all purposes by the short title mentioned in that behalf in the fourth column thereof. [The Acts subsequently repealed are set-out in the table at the end.]
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 438
Title: Punishment for the Mischief Described in Section 437 Committed by Fire or Explosive Substance
State: Central
Year: 1860
Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, shall be punished with1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. ________________________ 1. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956).
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 475
Title: Counterfeiting Device or Mark Used for Authenticating Documents Described in Section 467, or Possessing Counterfeit Marked Material
State: Central
Year: 1860
Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document described in Section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with1[imprisonment for life], or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. ________________________ 1. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956).
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 476
Title: Counterfeiting Device or Mark Used for Authenticating Documents Other Than Those Described in Section 467, or Possessing Counterfeit Marked Material
State: Central
Year: 1860
Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating1[any document or electronic record] other than the documents described in section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. ________________________ 1. Substituted by Act 21 of 2000, section 91, and Schedule I, for "any document" (w.e.f. 17-10-2000).
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 97
Title: Effect of Words Describing a Class Added to Bequest to Person
State: Central
Year: 1925
Where property is bequeathed to a person, and words are added which describe a class of persons but do not denote them as direct objects of a distinct and independent gift, such person is entitled to the whole interest of the testator therein, unless a contrary intention appears by the Will. Illustrations (i) A bequest is made to A and his children, to A and his children by his present wife, to A and his heirs, to A and the heirs of his body, to A and the heirs male of his body, to A and the heirs female of his body, to A and his issue, to A and his family, to A and his descendants, to A and his representatives, to A and his personal representatives, to A, his executors and administrators. In each of these cases, A takes the whole interest which the testator had in the property. (ii) A bequest is made to A and his brothers. A and his brothers are jointly entitled to the legacy. (iii) A bequest is made to A for life and after his death to his issue. At the death of A the property belongs in equal shares to all persons who then answer the description of issue of A.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 143
Title: Bequest of Certain Sum Where Stocks, Etc., in Which Invested Are Described
State: Central
Year: 1925
Where a certain sum is bequeathed, the legacy is not specific merely because the stock, funds or securities in which it is invested are described in the will. Illustration A bequeaths to B "10,000 rupees of my funded property": "10,000 rupees of my property now invested in shares of the East Indian Railway Company": "10,000 rupees, at present secured by mortgage of Rampur factory". No one of these legacies is specific.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 18
Title: Of Bequests of Things Described in General Terms
State: Central
Year: 1925
If there is a bequest of something described in general terms the executor must purchase for the legatee what may reasonably be considered to answer the description. Illustrations (i) A bequesths to B a pair of carriage-horses or a diamond ring. The executor must provide the legatee with such articles if the state of the assets Will allow it. (ii) A bequeaths to B "my pair of carriage-horses". A had no carriage-horses at the time of his death. The legacy fails.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 171
Title: Bequest of Thing Described in General Terms
State: Central
Year: 1925
If there is a bequest of something described in general terms the executor must purchase for the legatee what may reasonably be considered to answer the description. Illustrations (i) A bequesths to B a pair of carriage-horses or a diamond ring. The executor must provide the legatee with such articles if the state of the assets Will allow it. (ii) A bequeaths to B "my pair of carriage-horses". A had no carriage-horses at the time of his death. The legacy fails.
View Complete Act List Judgments citing this sectionBombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (Maharashtra) Section 29A
Title: Consolidation Officer to Describe Whether Lease Should Be Transferred or Not
State: Maharashtra
Year: 1947
.....it shall attach itself to the holding allotted to the owner under the scheme or such part of it as the Consolidation Officer may, subject to any rules under section 37, appoint and the lessee shall exercise his rights accordingly. The provisions of sub-sections (2) and (3) of section 29 shall apply to such lease as if the lease were a mortgage or other encumbrance. (3) If the Consolidation Officer determines that such lease shall not be transferred from the origi nal holding it shall remain attached thereto, and the owner to whom such holding is allotted under the scheme shall hold it subject to such lease; and the provisions of the2[relevant tenancy law,] shall so far as may be notwithstanding the change in the ownership, apply to such lease; and the rights and liabilities of such owner and the lessee shall be governed by the provisions of the2[said law] as between the landlord and his tenant: Provided that such owners shall not be entitled to arrears of rent due under such lease immediately before the allotment of the holding as aforesaid. (4) An appeal against the decision of the Consolidation Officer under this section shall lie to the Settlement Commissioner within.....
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