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Start Free TrialINDIAN SUCCESSION ACT, 1925 Section 90
Title: Words describing subject refer to property answering description at testator's death
State: Central
Year: 1925
The description contained in a Will of property, the subject of gift, shall, unless a contrary intention appears by the Will, be deemed to refer to and comprise the property answering that description at the death of the testator.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 189
Title: When testator's representatives may call upon legatee to elect
State: Central
Year: 1925
If the legatee does not, within one year after the death of the testator signify to the testator's representatives his intention to confirm or to dissent from, the Will, the representatives shall, upon the expiration of that period, require him to make his election; and, if he does not comply with such requisition within a reasonable time after he has received it, he shall be deemed to have elected to confirm the Will.
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 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 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 sectionIndian Succession Act, 1925 Section 190
Title: Postponement of Election in Case of Disability
State: Central
Year: 1925
In case of disability the election shall be postponed until the disability ceases, or until the election is made by some competent authority.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 188
Title: Circumstances in Which Knowledge or Waiver is Presumed or Inferred
State: Central
Year: 1925
(1) Such knowledge or waiver of inquiry shall, in the absence of evidence to the contrary, be presumed if the legatee has enjoyed for two years the benefits provided for him by the Will without doing any act to express dissent. (2) Such knowledge or waiver of inquiry may be inferred from any act of the legatee which renders it impossible to place the persons interested in the subject-matter of the bequest in the same condition as if such act had not been done. Illustration A bequeaths to B an estate to which C is entitled, and to C a coal mine. C takes possession of the mine and exhausts it. He has thereby confirmed the bequest of the estate to B.
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