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Estates Partition Act, 1897 Complete Act

State: West Bengal

Year: 1897

.....2 Repeal and savings 44. Sub-sec. (1) rep. by Ben. Act 16 of 1946. * ***** (2) Any enactment or document referring to the said Estates Partition Act, 1876, or to any enactment repealed thereby, shall, so far as may be, and subject to sub-section (1) of this section, be construed to refer to this Act or to the corresponding portion thereof. Section 3 Definitions In this Act, unless there be something repugnant in the subject or context, (i) "Board" means the Board of revenue for 4a4a. Words subs. by the Government of India (Adaptation of indian Laws) Order, 1937, and the Adaptation of Laws Order, 1950, respectively. [the State]; (ii) "Collector" means the Collector of the district on the revenue-roll of which an estate which is under partition, or which it is proposed to bring under partition is borne, and includes (a) any officer whom the Board generally vests (as it is hereby empowered to do) with the powers of a Collector under this Act, and to whom the Collector has, with the sanction of the Commissioner, delegated (as he is hereby empowered to do) any of his functions in respect of the partition of an estate, and (b) any officer whom the Board specially vests (as it.....

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Indian Succession Act, 1925 Chapter 6

Title: Of the Construction of Wills

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 conduct to the right application of the words which the testator has used. Illustrations (i) A, by his Will, bequeaths 1,000 rupees to his eldest son or to his youngest grand-child, or to his cousin, Mary; a Court may make inquiry in order to ascertain to what person the description in the Will applies. (ii) A, by his Will, leaves to B "my estate called Black Acre." It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his Will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C. Section 76 - Misnomer or misdescription of object (1) Where the words used in a Will to.....

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The Estates Partition Act, 1897 Complete Act

State: Jharkhand

Year: 1897

THE ESTATES PARTITION ACT, 1897 THE ESTATES PARTITION ACT, 1897 [Act No. 5 of 1897] [ Act 14 of 1882 was repealed and re-enacted by the Code of Civil Procedure, 1908 (5 of 1908).] PREAMBLE An Act to amend the law relating to the Partition of Estates. Whereas it is expedient to amend the law relating to the partition of estates; And whereas the sanction of the Governor-General of India has been obtained, under Section 5 of the Indian Councils Act, 1892, to the provisions contained in Section 12 of this Act amending the Code of Civil Procedure; [Act 14 of 1882 was repealed and re-enacted by the Code of Civil Procedure, 1908 (5 of 1908).] It is hereby enacted as follows:" Section 1 - Short title, extent and commencement (1) This Act may be called the Estates Partition Act, 1897; (2) It extends to the [Substituted for "territories" by the Indian Independence (Adaptation of Bengal and Punjab Acts), Order, 1948.] [Substituted by A.L.O.] [States] of West Bengal and Bihar and that part of the [Substituted by A.L.O.] [State] of Orissa which on the eighth day of December, 1897, was] [Words "for the time being" repealed by A.O.] [x x x] under the administration.....

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The Orissa Estates Abolition Act, 1951 Complete Act

State: Orissa

Year: 1951

.....minor or of unsound mind or an idiot, his guardian, Committee or other legal curator shall be deemed to be an Intermediary for the purposes of this Act. All acts done by an Intermediary under this Act shall be deemed to have been done by his heirs and successors-in-interest and shall be binding on them]; 2[(hh) ˜Intermediary interest' means an estate or any rights or interest therein held or owned by or vested in an Intermediary and any reference to ˜estate' in this Act shall be construed as including a reference to ˜Intermediary Interest' also]; (i) "Homestead" means a dwelling house used by the Intermediary for the purposes of his own residence or for the purposes of letting out on rent together with any Courtyard, compound, garden, orchard and out-buildings attached thereto and includes any tank, library and place of worship appertaining to such dwelling house but does not include any building comprised in such estate and used primarily as office or kutchery for the administration of the estate on and from the 1st day of January, 1946. (j) "Khas possession" used with reference to the possession of an Intermediary of any land used for agricultural or.....

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THE MADRAS PROPRIETARY ESTATES' VILLAGE SERVICE ACT, 1894 Complete Act

State: Kerala

Year: 1894

.....(Amendment) Act, 1941 (Madras Act XVIII of 1941), re-enacted permanently by section 2 (1) of, and the First Schedule to, the Madras Re-enacting Act, 1949 (Madras Act X of 1949).) [No person shall be eligible for appointment- (i) to the office of the head of a village or of a village-accountant, if such person has petitioned to be adjudged an insolvent and the petition is pending disposal, or if he, having been adjudged an insolvent, has not obtained an order of discharge; or (ii) to any village-office [including the offices aforesaid if such person-] (Omitted by the Adaptation (Amendment) Order of 1950.) [xxxx] (b) has not attained the age of majority; (c) is not physically and mentally capable of discharging the duties of the office; (d) has not qualified according to the educational test prescribed for the office in question by the Board of Revenue by rules made under section 32; (e) has been convicted by a Criminal Court of any offence which, in the opinion of the Revenue-officer in charge of the division or of the District Collector, disqualifies him for holding the office. (Inserted by Act IV of 1950.) [(f) has been dismissed from any post under the.....

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Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996 Chapter II

Title: Transfer and Vesting of the Estate

State: Karnataka

Year: 1996

.....the Board. (2) For the removal of doubts it is hereby declared that,- (a) save as otherwise expressly provided in this section or in any other section of the Act, no liability of the owners or transferees in relation to the Estate in respect of any period prior to the appointed day shall be enforceable against the State Government or where the Estate is directed under section 6 to vest in the Board, against the Board; (b) no award, decree or order of any court, tribunal or other authority in relation to the Estate passed after the appointed day in respect of any matter, claim or dispute in relation to any matter which arose before that day shall be enforceable against the State Government or where the Estate is directed under section 6 to vest in the Board, against the Board; (c) no liability incurred by the owners or transferees before the appointed day, for the contravention of any provision of any law for the time being in force shall be enforceable against the State Government or where the Estate is directed under section 6 to vest in the Board, against the Board. Section 6 - Power of State Government to direct vesting of the Estate in the Board (1).....

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Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996 Chapter III

Title: Management of the Estate

State: Karnataka

Year: 1996

.....to the Estate which has vested in the State Government under section 3 shall where a direction has been made by the State Government under sub-section (1) of section 6, vest in the Board and thereupon the Board shall be entitled to exercise, to the exclusion of all other persons all such powers and do all such things as the Board is authorised to exercise and do in relation to the Estate. Section 10 - Duties of persons in-charge of management of the Estate (1) On the vesting of the management of the Estate in the Board all persons incharge of the management of the Estate immediately before such vesting shall be bound to deliver to the Board all assets, books of accounts, registers or other documents in their custody relating to the Estate. (2) The State Government may issue such directions as it may deem desirable in the circumstances of the case to the Board and the Board may also, if it is considered necessary so to do, apply to the State Government at any time for instructions as to the manner in which the management of the Estate shall be conducted in relation to any other matter arising in the course of such management. Section 11 - Duty of persons to account.....

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Spices Board Act, 1986 Chapter III

Title: Registration of Owners of Cardamom Estates

State: Central

Year: 1986

.....once made shall continue to be in force until it is cancelled by the registering officer. Section 9 - Power of State Government to make rules (1) The State Government may, by notification in the Official Gazette, make rulesa to carry into effect the provisions of section 8. (2) Without prejudice to the generality of the foregoing power, such rules may prescribe the form of the application for registration and for cancellation of registration, the fee payable on such applications, the particulars to be included in such application, the procedure to be followed in granting and cancelling registration, the registers to be kept by registering officers and the supply by registering officers of information to the Board. Section 10 - Returns to be made by registered owners (1) A registered owner shall furnish returns to the Board in such form, at such times and in such manner as may be prescribed. (2) The Board may authorise an officer to visit any estate at any time to verify the accuracy of any return made under this section or to ascertain the productive capacity of the estate.

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Estate Duty Act, 1953 [Repealed] Section 29

Title: Settled Property in Respect of Which Since the Date of the Settlement Estate Duty Has Been Paid on the Death of the Deceaseds Spouse

State: Central

Year: 1953

If estate duty has already been paid in respect of any settled property since the date of the settlement, on the death of one of the parties to a marriage the estate duty shall not be death of one of the parties to a marriage the estate duty shall not be payable in respect thereof on the death of the other party to the marriage, unless the latter was at the time of his death, or had been at any time during the continuance of the settlement, competent to dispose of such property, and, if on his death subsequent limitations under the settlement take effect in respect of such property, was sui juris at the time of his death, or had been sui juris at any time while so competent to dispose of the property.

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Estate Duty Act, 1953 [Repealed] Section 62

Title: Rectification of Mistakes Relating to Valuation for Estate Duty

State: Central

Year: 1953

.....approval of the Board, at any time within three years from the date on which the estate duty was first determined. (a) refund the excess duty paid, or as the case may be, (b) determine the additional duty payable on the property: Provided that where the person accountable had fraudulently under estimated the value of any property or omitted and property the period shall be six year: Provided further that no order shall be made under this sub-section unless the person accountable has been given an opportunity of being heard. (2) Nothing contained in sub-section (1) shall render any person accountable to whom a certificate that the estate duty has been paid is granted liable for any additional duty in excess of the assets of the deceased which are still in his possession, unless the person accountable had fraudulently attempted to evade any part of the estate duty in the first instance.

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