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Home Bare Acts Phrase: funeralEstate Duty Act, 1953 [Repealed] Section 44
Title: Reasonable Funeral Expenses, and with Some Exceptions, Debts and Incumbrances to Be Allowed for in Determining Chargeable Value of Estate
State: Central
Year: 1953
.....but an allowance shall not be made.- (a) for debts incurred by the deceased, or incumbrances created by a disposition made by the deceased, unless, subject to the provisions of section 27, such debts or incumbrances were incurred or created bona fide for full consideration in money or money's worth wholly for the deceased's own use and benefit and take effect out of his interest, or (b) for any debt in respect whereof there is right to reimbursement from any other estate or person, unless such reimbursement cannot be obtained or (c) more than once for the same debt or incumbrance charged upon different portions of the estate, or (d) for debts incurred by or on behalf of the deceased by way of dower, to the extent to which such debts are in excess of rupees five thousand, and any debt or incumbrance for which an allowance is made shall be deducted from the value of the property liable thereto. Explanation.- For the purposes of this section, "funeral expenses" include all expenses which may have to be incurred in connection with the sraddha or basis ceremonies of the deceased for a period of one year from his death
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 316
Title: As to deceased's funeral
State: Central
Year: 1925
It is the duty of an executor to provide funds for the performance of the necessary funeral ceremonies of the deceased in a manner suitable to his condition, if he has left property sufficient for the purpose.
View Complete Act List Judgments citing this sectionArmy and Air Force (Disposal of Private Property) Act, 1950 Complete Act
State: Central
Year: 1950
.....banking company, society or other institution in respect of such money. (4) Where the representative of a deceased has given security to the satisfaction of the commanding officer for the payment of the regimental and other debts in camp or quarters, if any, and of the funeral expenses of the deceased in cases where no provision for the payment of such expenses has been made otherwise and of the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased, the commanding officer shall deliver over the property received by him under sub-sections (1) and (2) to that representative, whereupon his responsibility for the administration of the estate of the deceased shall cease. (5) In the case of a deceased whose estate has not been dealt with under sub-section (4), or under section 10-, and in the case of a deserter, the commanding officer,- (i) if in any case it is necessary in his opinion so to do for the purpose of securing the payment of the regimental and other debts in camp or quarters of the deceased or deserter, the funeral expenses of the deceased, if any, and the expenses, if any, incurred by the commanding officer in respect of the.....
List Judgments citing this sectionIndian Succession Act, 1925 Part 9
Title: Probate, Letters of Administration and Administration of Assets of Deceased
State: Central
Year: 1925
.....or suggestion, or by concealing from the Court something material to the case; or (c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently; or (d) the grant has become useless and inoperative through circumstances; or (e) the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect. Illustrations (i) The Court by which the grant was made had no jurisdiction. (ii) The grant was made without citing parties who ought to have been cited. (iii) The Will of which probate was obtained was forged or revoked. (iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was never married to him. (v) A has been taken administration to the estate of B as if he had died intestate, but a Will has since been discovered. (vi) Since probate was granted, a latter Will has been.....
View Complete Act List Judgments citing this sectionSuccession Act, 1925 Complete Act
State: Central
Year: 1925
.....of determining questions as to what person or what property is denoted by any words used in a will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the words which the testator has used. SECTION 76: MISNOMER OR MISS DESCRIPTION OF OBJECT (1) Where the words used in a will to designate or describe a legatee or a class of legatees sufficiently show what is meant, an error in the name or description shall not prevent the legacy from taking effect. (2) A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the description of a legatee may be corrected by the name. SECTION 77: WHEN WORDS MAY BE SUPPLIED Where any word material to the full expression of the meaning has been omitted, it may be supplied by the context. SECTION 78: REJECTION OF ERRONEOUS PARTICULARS IN DESCRIPTION OF SUBJECT If the thing which the testator intended to bequeath can be sufficiently identified.....
List Judgments citing this sectionEMPLOYEES' STATE INSURANCE ACT, 1948 Chapter V
Title: BENEFITS
State: Central
Year: 1948
.....evidence that the decision was given in consequence of the non-disclosure or misrepresentation by the employee or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent). (2) Any assessment of the extent of the disablement resulting from the relevant employment injury may also be reviewed by a medical board, if it is satisfied that since the making of the assessment there has been a substantial and unforeseen aggravation of the results of the relevant injury: Provided that an assessment shall not be reviewed under this sub-section unless the medical board is of opinion that having regard to the period taken into account by the assessment and the probable duration of the aggravation aforesaid, substantial injustice will be done by not reviewing it. (3) Except with the leave of a medical appeal tribunal, an assessment shall not be reviewed under sub-section (2) on any application made less than five years, or in the case of a provisional assessment, six months, from the date thereof and on such a review the period to be taken into account by any revised assessment shall not include any period before the date of the.....
View Complete Act List Judgments citing this sectionEMPLOYEES' STATE INSURANCE ACT, 1948 Section 46
Title: Benefits
State: Central
Year: 1948
..... (d) periodical payments to such dependants of an insured person who dies as a result of an employment injury sustained as an employee under this Act, as are entitled to compensation under this Act (hereinafter referred to as dependants' benefit); 4[***] (e) medical treatment for and attendance on insured persons (hereinafter referred to as medical benefit); 2[and] 2[(f) payment to the eldest surviving member of the family of an insured person who has died, towards the expenditure on the funeral of the deceased insured person, or, where the insured person did not have a family or was not living with his family at the time of his death, to the person who actually incurs the expenditure on the funeral of the deceased insured person (to be known as 5[funeral expenses]): Provided that the amount of such payment shall not exceed 6[such amount as may be prescribed by the Central Government] and the claim for such payment shall be made within three months of the death of the insured person or within such extended period as the Corporation or any officer or authority authorised by it in this behalf may allow.] (2) The Corporation may, at the request of the appropriate.....
View Complete Act List Judgments citing this sectionArmy and Air Force (Disposal of Private Property) Act, 1950 Section 3
Title: Property of Deceased Persons and Deserters Other Than Officers
State: Central
Year: 1950
.....banking company, society or other institution in respect of such money. (4) Where the representative of a deceased has given security to the satisfaction of the commanding officer for the payment of the regimental and other debts in camp or quarters, if any, and of the funeral expenses of the deceased in cases where no provision for the payment of such expenses has been made otherwise and of the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased, the commanding officer shall deliver over the property received by him under sub-section (1) and (2) to that representative, whereupon his responsibility for the administration of the estate of the deceased shall cease. (5) In the case of a deceased whose estate has not been dealt with under sub-section (4), or under section 10, and in the case of a deserter, the commanding officer, -- (i) if in any case it is necessary in his opinion so to do for the purpose of securing the payment of the regimental and other debts in camp or quarters of the deceased or deserter, the funeral expenses of the deceased, if any, and the expenses, if any, incurred by the commanding officer in respect of the.....
View Complete Act List Judgments citing this sectionEMPLOYEES' STATE INSURANCE ACT, 1948 Complete Act
State: Central
Year: 1948
.....for different provisions of this Act and3[for different States or for different parts thereof]. (4) It shall apply, in the first instance, to all factories (including factories belonging to the4 [Government] other than seasonal factories :5[Provided that nothing contained in this subsection shall apply to a factory or establishment belonging to or under the control of the Government whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.] (5) The appropriate Government may, in consultation with the Corporation and6[where the appropriate Government is a State Government, with the approval of the Central Government], after giving six months' notice of its intention of so doing by notification in the Official Gazette, extend the provision of this Act or any of them, to any other establishment or class of establishments, industrial, commercial, agriculture or otherwise:7[Provided that where the provisions of this Act have been brought into force in any part of a State, the said provisions shall stand extended to any such establishment or class of establishments Within that part if the provisions have already.....
List Judgments citing this sectionIndian Succession Act, 1925 Chapter 7
Title: Of the Duties of an Executor or Administrator
State: Central
Year: 1925
..... (4) The exhibition of an intentionally false inventory or account under this section shall be deemed to be an offence under section 193 of that Code. Section 318 - Inventory to include property in any part of India in certain cases In all cases where a grant has been made of probate or letters of administration intended to have effect throughout1[India],2[* * *] the executor or administrator shall include in the inventory of the effects of the deceased all his movable and immovable property situate in1[India] and the value of such property situate in each state shall be separately stated in such inventory, and the probate or letters of administration shall be chargeable with a fee corresponding to the entire amount or value of the property affected thereby wheresoever situate within1[India]. ______________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States". 2. The words "of India" omitted by Act 48 of 1952, section 3 and Schedule II. Section 318 - Inventory to include property in any part of India in certain cases In all cases where a grant has been made of probate or letters of administration intended to have effect.....
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