Bare Act Search Results

Indian 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.....

Indian Succession Act, 1925 Chapter 4

Title: Of the Practice in Granting and Revoking Probates and Letters of Administration

State: Central

Year: 1925

.....court to make an order refusing, for reasons to be recorded by it in writing, to grant any application for letters of administration made under this Act. Section 299 - Appeals from orders of District Judge Every order made by a District Judge by virtue of the powers hereby conferred upon him shall be subject to appeal to the High Court in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), applicable to appeals. Section 300 - Concurrent jurisdiction of High Court (1) The High Court shall have concurrent jurisdiction with the District Judge in the exercise of all the powers hereby conferred upon the District Judge. (2) Except in cases to which section 57 applies, no High Court, in exercise of the concurrent jurisdiction hereby conferred over any local area beyond the limits of the towns of Calcutta, Madras and Bombay1[* * *] shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do. ______________________ 1. The words "and the province of.....

Succession 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.....

Delhi Administration Act, 1966 Complete Act

State: Delhi

Year: 1966

.....between the Administration and the Government of India or the Government of a State, no question shall be asked except as to matters of fact and the answer shall be confined to a statement of fact. Rule44 Chairman to decide admissibility of question (1) The Chairman shall decide whether a question or part thereof is or is not admissible under these rules or any rules made under the proviso to sub-section (1) of section 24 and may disallow any question or a part thereof when in his opinion it is an abuse of the righi of questioning or calculated to obstruct or prejudicially affect the procedure of the Council or is in contravention of the said rules. (2) Subject to the provisions of rule 39, the Chairman may direct that a question be placed on the list of questions for answer, on a date later than that specified by a member in his notice, if he is of the opinion that a longer period is necessary to decide whether the question is or is not admissible. Rule45 Chairman to decide if a question is to be treated as starred or unstarred If in the opinion of the Chairman any question put down for oral answer is of such a nature that a written reply would be.....

Indian Succession Act, 1925 Section 281

Title: Verification of Petition for Probate, by One Witness to Will

State: Central

Year: 1925

Where the application is for probate, the petition shall also be verified by at least one of the witnesses to the Will (when procurable) in the manner or to the effect following, namely: "I (C.D.), one of the witnesses to the last Will and testament of the testator mentioned in the above petition, declare that I was present and saw the said testator affix his signature (or mark) thereto (or that the said testator acknowledged the writing annexed to the above petition to be his last Will and testament in my presence)."

Indian Succession Act, 1925 Section 276

Title: Petition for Probate

State: Central

Year: 1925

.....or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating (a) the time of the testator's death, (b) that the writing annexed is his last Will and testament, (c) that it was duly executed, (d) the amount of assets which are likely to come to the petitioner's hands, and (e) when the application is for probate, that the petitioner is the executor named in the Will. (2) In addition to these particulars, the petition shall further state, (a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another State, the petition shall further state the.....