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Home Bare Acts Phrase: legitimate portionIndian Succession Act, 1925 Section 100
Title: Words Expressing Relationship Denote Only Legitimate Relatives or Failing Such Relatives Reputed Legitimate
State: Central
Year: 1925
.....to "the children of B". B never had any legitimate child. C and D had, at the date of the Will, acquired the reputation of being children of B. After the date of the Will and before the death of the testator, E and F were born, and acquired the reputation of being children of B. Only C and D are objects of the bequest. (vi) A makes a bequest in favour of his child by a certain woman, not his wife. B had acquired at the date of the Will the reputation of being the child of A by the woman designated. B takes the legacy. (vii) A makes a bequest in favour of his child to be born of a woman who never becomes his wife. The bequest is void. (viii) A makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. The bequest is void.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 7
Title: Domicile of Origin of Person of Legitimate Birth
State: Central
Year: 1925
The domicile of origin of every person of legitimate birth is in the country in which at the time of his birth his father was domiciled; or, if he is a posthumous child, in the country in which his father was domiciled at the time of the father's death. Illustration At the time of the birth of A, his father was domiciled in England. A's domicile of origin is in England, whatever may be the country in which he was born.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 21
Title: Of Legacies to Creditors and Portioners
State: Central
Year: 1925
.....for a child, fails to do so, and afterwards bequeaths a legacy to the child, and does not intimate by his Will that the legacy is meant as a satisfaction of the portion, the child shall be entitled to receive the legacy, as well as the portion. Illustration A, by articles entered into in contemplation of his marriage with B covenanted that he would pay to each of the daughters of the intended marriage a portion of 20,000 rupees on her marriage. This covenant having been broken. A bequeaths 20,000 rupees to each of the married daughters of himself and B. The legatees are entitled to the benefit of this bequest in addition to their portions. Section 179 - No ademption by subsequent provision for legatee No bequest shall be wholly or partially adeemed by a subsequent provision made by settlement or otherwise for the legatee. Illustrations (i) A bequeaths 20,000 rupees to his son B. He afterwards gives to B the sum of 20,000 rupees. The legacy is not thereby adeemed. (ii) A bequeaths 40,000 rupees to B, his orphan niece whom he had brought up from her infancy. Afterwards, on the occasion of B's marriage, A settles upon her the sum of 30,000 rupees. The legacy is not.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 157
Title: Order of Payment Where Portion of Fund Specifically Bequeathed to One Legatee, and Legacy Charged on Same Fund to Another, and Testator Having Received Portion of That Fund, Remainder Insufficient to Pay Both Legacies
State: Central
Year: 1925
.....extent in payment of the demonstrative legacy, and the rest of the demonstrative legacy shall be paid out of the general assets of the testator. Illustration A bequeaths to B 1,000 rupees, part of the debt of 2,000 rupees due to him from W. He also bequeaths to C 1,000 rupees to be paid out of the debt due to him from W. A afterwards receives 1 [500] rupees, part of that debt, and dies leaving only 1,500 rupees due to him from W. Of these 1,500 rupees, 1,000 rupees belong to B, and 500 rupees are to be paid to C. C is also to receive 500 rupees out of the general assets of the testator. ______________________ 1. Substituted by Act 10 of 1927, section 2 and Schedule I, for "5,000".
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 178
Title: Child Prima Facie Entitled to Legacy as Well as Portion
State: Central
Year: 1925
Where a parent, who is under obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to the child, and does not intimate by his Will that the legacy is meant as a satisfaction of the portion, the child shall be entitled to receive the legacy, as well as the portion. Illustration A, by articles entered into in contemplation of his marriage with B covenanted that he would pay to each of the daughters of the intended marriage a portion of 20,000 rupees on her marriage. This covenant having been broken. A bequeaths 20,000 rupees to each of the married daughters of himself and B. The legatees are entitled to the benefit of this bequest in addition to their portions.
View Complete Act List Judgments citing this sectionPreference Shares (Regulation of Dividends) Act, 1960 Section 4
Title: Special Provisions in Relation to Companies Where a Portion of their Income is Not Chargeable to Income-tax
State: Central
Year: 1960
.....being agricultural income, then, for the purpose of the increase in the dividend in relation to any such preference share under the provisions of section 3, the increase of thirty per cent or eleven per cent referred to therein shall be taken to be such proportion of the said thirty per cent or eleven per cent, as the case may be, as the total amount of the profits and gain of the company excluding the portion of the profits and gains which is so exempt in respect of the relevant period bears to the total amount of the profits and gains thereof in respect of that period. Explanation : For the purpose of this section, "relevant period", in relation to the profits and gain of a company, shall mean-- (a) the previous years relevant to such of the three assessment years as immediately precede the assessment year ending on the 31st March, 1961, and in each of which the net result of the computation of profits and gains of the company has not been loss or where there are only two such years, such two years, or where there is only one such year, such one year; or (b) in any case where clause (a) is not applicable, the previous year relevant to the assessment year ending on the.....
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 156
Title: Ademption pro tanto by testator's receipt of portion of entire fund of which portion has been specifically bequeathed
State: Central
Year: 1925
If a portion of an entire fund or stock is specifically bequeathed, the receipt by the testator of a portion of the fund or stock shall operate as an ademption only to the extent of the amount so received; and the residue of the fund or stock shall be applicable to the discharge of the specific legacy. Illustration A bequeaths to B one-half of the sum of 10,000 rupees due to him from W. A in his lifetime receives 6,000 rupees, part of the 10,000 rupees. The 4,000 rupees which are due from W to A at the time of his death belong to B under the specific bequest.
View Complete Act List Judgments citing this sectionMysore Palace (Acquisition and Transfer) Act, 1998 Section 10
Title: Right of Prince to Live in Portion of the Palace Etc,.
State: Karnataka
Year: 1998
Notwithstanding anything contained in this Act Sri Srikantadatta Narasimharaja Wadeyar (hereinafter referred to as prince) and his wife shall be allowed to continue to live in the portion of the palace specified in Schedule II for their life time: Provided that if within two years from the appointed day the prince and his wife exercise an option to vacate the portion of the palace and live outside and such option is communicated to the State Government, the State Government shall within six months from the date of receipt of such communication grant to the prince and his wife one acre of land within Mysore Urban Agglomeration and also rupees one crore towards cost of construction of a new house therein for their residence and the prince and his wife shall within three years from the date of such grant vacate the portion of the palace and deliver the vacant posession thereof to the State Government or the Board, as the case may be.
View Complete Act List Judgments citing this sectionPublic Gambling Act 1867 Section 16
Title: Portion of Fine May Be Paid to Informer
State: Central
Year: 1867
The Magistrate trying the case may direct any portion of any fine which shall be levied under Ss. 3 and 4 of this Act, or any part of the moneys or proceeds of articles seized and ordered to be forfeited under this Act, to be paid to an informer.
View Complete Act List Judgments citing this sectionNew Delhi Municipal Council Act 1994 Section 80
Title: Power of Chairperson to Assess Separately Outhouses and Portions of Buildings
State: Central
Year: 1994
The Chairperson may in his discretion assess any outhouse appurtenant to a building, or any portion of a land or building separately from such building or as the case may be, from the rest of such land or building.
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