Bare Act Search Results
Home Bare Acts Phrase: section 141 Sorted by: old Year: 1925 Page 1 of about 514 results (0.022 seconds)Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free TrialIndian Succession Act, 1925 Section 141
Title: Legatee Named as Executor Cannot Take Unless He Shows Intention to Act as Executor
State: Central
Year: 1925
If a legacy is bequeathed to a person who is named an executor of the will, he shall not take the legacy, unless he proves the will or otherwise manifests an intention to act as executor. Illustration A legacy is given to A, who is named an executor. A orders the funeral according to the directions contained in the will, and dies a few days after the testator, without having proved the will. A has manifested an intention to act as executor.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 192
Title: Person Claiming Right by Succession to Property of Deceased May Apply for Relief Against Wrongful Possession
State: Central
Year: 1925
(1) If any person dies leaving property, moveable or immoveable, any person claiming a right by succession thereto, or to any portion thereof, may make application to the District Judge of the district where any part of the property is found or situate for relief, either after actual possession has been taken by another person, or when forcible means of seizing possession are apprehended. (2) Any agent, relative or near friend, or the Court of Wards in cases within their cognizance, may, in the event of any minor, or any disqualified or absent person being entitled by succession to such property as aforesaid, make the like application for relief.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 199
Title: Report from Collector Where Estate Includes Revenue-paying Land
State: Central
Year: 1925
(1) Where the estate of the deceased person consists wholly or in part of land paying revenue to Government, in all matters regarding the propriety of summoning the party in possession, of appointing a curator, or of nominating individuals to that appointment, the District Judge shall demand a report from the Collector, and the Collector shall thereupon furnish the same: Provided that in cases of urgency the Judge may proceed, in the first instance, without such report. (2) The Judge shall not be obliged to act in conformity with any such report, but, in case of his acting otherwise than according to such report, he shall immediately forward a statement of his reasons to the High Court, and the High Court, if it is dissatisfied with such reasons, shall direct the Judge to proceed conformably to the report of the Collector.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 198
Title: Curator to Give Security and May Receive Remuneration
State: Central
Year: 1925
(1) The District Judge shall take from the curator security for the faithful discharge of his trust, and for rendering satisfactory accounts of the same as hereinafter provided, and may authorise him to receive out of the property such remuneration in no case exceeding five per centum on the moveable property and on the annual profits of the immoveable property, as the District Judge thinks reasonable. (2) All surplus money realized by the curator shall be paid into Court, and invested in public securities for the benefit of the persons entitled thereto upon adjudication of the summary proceeding. (3) Security shall be required from the curator with all reasonable dispatch, and where it is practicable, shall be taken generally to answer all cases for which the person may be afterwards appointed curator; but no delay in the taking of security shall prevent the Judge from immediately investing the curator with the powers of his office.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 197
Title: Prohibition of Exercise of Certain Powers by Curators
State: Central
Year: 1925
Section 197 - Prohibition of exercise of certain powers by curators ( 1) Where a certificate has been granted under Part X or under the Succession Certificate Act, 18891(7 of 1889), or a grant of probate or letters of administration has been made, a curator appointed under this Part shall not exercise any authority lawfully belonging to the holder of the certificate or to the executor or administrator. (2) Payment of debts, etc., to curators.-All persons who have paid debts or rents to a curator authorised by a Court to receive them shall be indemnified, and the curator sh all be responsible for the payment thereof to the person who has obtained the certificate, probate or letters of administration, as the case may be. ______________________ 1. Repealed partly by Act 39 of 1925 and finally by Act 1 of 1938.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 196
Title: Powers Conferrable on Curator
State: Central
Year: 1925
The District Judge may authorise the curator to take possession of the property either generally, or until security is given by the party in possession, or until inventories of the property have been made, or for any other purpose necessary for securing the property from misappropriation or waste by the party in possession: Provided that it shall be in the discretion of the Judge to allow the party in possession to continue in such possession on giving security or not, and any continuance in possession shall be subject to such orders as the Judge may issue touching inventories, or the securing of deeds or other effects.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 195
Title: Appointment of Curator Pending Determination of Proceeding
State: Central
Year: 1925
If it further appears upon such inquiry as aforesaid that danger is to be apprehended of the misappropriation or waste of the property before the summary proceeding can be determined, and that the delay in obtaining security from the party in possession or the insufficiency thereof is likely to expose the party out of possession to considerable risk, provided he is the lawful owner, the District Judge may appoint one or more curators whose authority shall continue according to the terms of his or their respective appointment, and in no case beyond the determination of the summary proceeding and the confirmation or delivery of possession in consequence thereof: Provided that, in the case of land, the Judge may delegate to the Collector, or to any officer subordinate to the Collector, the powers of a curator: Provided further, that every appointment of a curator in respect of any property shall be duly published.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 194
Title: Procedure
State: Central
Year: 1925
If the District Judge is satisfied that there is sufficient ground for believing as aforesaid but not otherwise, he shall summon the party complained of, and give notice of vacant or disturbed possession by publication, and, after the expiration of a reasonable time, shall determine summarily the right to possession (subject to a suit as hereinafter provided) and shall deliver possession accordingly: Provided that the Judge shall have the power to appoint an officer who shall take an inventory of effects, and seal or otherwise secure the same, upon being applied to for the purpose, without delay, whether he shall have concluded the inquiry necessary for summoning the party complained of or not.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 193
Title: Inquiry Made by Judge
State: Central
Year: 1925
The District Judge to whom such application is made shall, in the first place, examine the applicant on oath, and may make such further inquiry, if any, as he thinks necessary as to whether there is sufficient ground for believing that the party in possession or taking forcible means for seizing possession has no lawful title, and that the applicant, or the person on whose behalf he applies is really entitled and is likely to be materially prejudiced if left to the ordinary remedy of a suit, and that the application is made bona fide.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 191
Title: Property Transferable by Gift Made in Contemplation of Death
State: Central
Year: 1925
.....Government: the bill of exchange: the money secured by the mortgage-deeds. (ii) A, being ill, and in expectation of death, delivers to B the key of a trunk or the key of a warehouse in which goods of bulk belonging to A are deposited, with the intention of giving him the control over the contents of the trunk, or over the deposited goods, and desires him to keep them in case of A's death. A dies of the illness during which he delivered these articles. B is entitled to the trunk and its contents or to A's goods of bulk in the warehouse. (iii) A, being ill, and in expectation of death, puts aside certain articles in separate parcel and marks upon the parcels respectively the names of B and C. The parcels are not delivered during the life of A. A dies of the illness during which he set aside the parcels. B and C are not entitled to the contents of the parcels.
View Complete Act List Judgments citing this section- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial