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In Re: Tukaram Vithal

Type Court Judgment Court Mumbai Decided Feb 21, 1878
~1 min read
https://sooperkanoon.com/case/327648

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Citation
Court
Mumbai
Judge
Decided On
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

The Bombay District Municipal Act, No. VI of 1873. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [S.B. Sinha & Cyriac Joseph, JJ] Will Validity - Deceased, was a very wealthy person - He floated several companies - He left behind his daughters, S and J - He was suffering from various diseases including some neu...

Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

In Re: Tukaram Vithal

Legal References

Reported In
(1878)ILR2Bom527

Excerpt

the bombay district municipal act, no. vi of 1873. - indian succession act (39 of 1925), section 63: [s.b. sinha & cyriac joseph, jj] will validity - deceased, was a very wealthy person - he floated several companies - he left behind his daughters, s and j - he was suffering from various diseases including some neurological ones - for his treatment, he used to frequently visit united states of america accompanied by his wife and daughter - by reason of a will, he is said to have bequeathed 50% of his property to s and 50% to j in a letter addressed to the 1st respondent, viz., s, he is purported to have recorded that the he had given all his shares to her - will was not only unnatural but was surrounded by a large number of suspicious circumstances held, it is a fit case where the high court should have appointed a receiver and/or an administrator with suitable directions. s alone had been given exclusive powers not only to execute documents but also induct tenants.1. the court concur in the ruling and the reasons given for it by the second class magistrate of nasik, rav saheb shridhar gundo, viz., that clause 1 of section 74 of the municipal act, bombay, no. vi of 1873, applies only to the second clause of section 39 of the same act.

Full Judgment

1. The Court concur in the ruling and the reasons given for it by the Second Class Magistrate of Nasik, Rav Saheb Shridhar Gundo, viz., that Clause 1 of Section 74 of the Municipal Act, Bombay, No. VI of 1873, applies only to the second clause of Section 39 of the same Act.

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