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Bharpur Singh and ors. Vs. Shamsher Singh

Court : Supreme Court of India

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68, 69, 70 and 90

Reported in : AIR2009SC1766; 2009(2)ALT33(SC); 2009(1)AWC873(SC); JT2009(1)SC590; 2009(1)SCALE481; (2009)3SCC687; 2009AIRSCW1338; 2009(1)LHSC577; 2009(3)KCCRSN84

must be proved having regard to the provisions contained in clause (c) of Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872, in terms whereof the propounder of a will must … no application. A Will must be proved in terms of the provisions of Section 63(c) of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872. In the event the provisions thereof cannot be complied

Sri J.T. Surappa and anr. Vs. Sri Satchidhanandendra Saraswathi Swamij ...

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 2, 63 and 295; Evidence Act - Sections 68; Indian Registration Act, 1908; Transfer of Property Act - Sections 3; Code of Civil Procedure (CPC) , 1908

Reported in : ILR2008KAR2115; 2008(3)KLT150; 2008(3)KCCR1484; 2008(4)AIRKarR480; AIR2008NOC2433; 2008AIHC3029(Kar)

objections contesting the Will, though they were also the beneficiaries under the Will. Section 295 of the Indian Succession Act, 1925 provides that, when there is contention, the proceeding shall take, as nearly as may be, the form of … execution of the Will?(5) Whether the Will has been executed in accordance with Section 63 of the Indian Succession Act, 1925, read with Section 68 of the Evidence Act?29. The word 'Will' has been defined under Section 2(h) of

Priyamvada Devi Birla, Rajendra Singh Lodha Vs. Laxmi Devi Newar and a ...

Court : Kolkata

Subject : Civil

Acts : Indian Succession Act, 1925 - Section 211; ;Estate Duty Act - Sections 20 and 37; ;Estate Duty (Controlled Companies) Rules, 1953 - Rule 15; ;Hindu Succession Act, 1956 - Section 30; ;Companies Act - Sections 255, 291 and 292

Reported in : 2005(4)CHN544

or for passing order of injunction. He has drawn my attention to the Section 211 of the Indian Succession Act, 1925 and submits that all the properties under the law on death of testatrix vest unto the executor. Under … asset nor property and the same cannot be said to have devolved under Section 211 of the Indian Succession Act, 1925 of the executors. According to him most of the shares in the M.P. Birla Group of Companies are

Smt. Nola Jonathan Ranbhise Vs. the Union of India, the Law and Judici ...

Court : Mumbai

Subject : Land Acquisition

Court Act,1869 is void on grounds of inconsistency with and repugnancy to the Section 299 of the Indian Succession Act, 1925. 2. The declaration and consequential reliefs have been sought in the following facts and circumstances: A) On 25.3.1997, … Ms. Eunice D. Baker, the Petitioner vide M.C.A.No.417 of 1997 applied for probate under Section 276 of Indian Succession Act, 1925 in respect of her Will dated 4.4.1985 before the Civil Judge, Senior Division Pune. This was granted by

Smt. Nola Jonathan Ranbhise Vs. the Union of India, the Law and Judici ...

Court : Mumbai

Subject : Land Acquisition

Court Act,1869 is void on grounds of inconsistency with and repugnancy to the Section 299 of the Indian Succession Act, 1925. 2. The declaration and consequential reliefs have been sought in the following facts and circumstances: A) On 25.3.1997, … Ms. Eunice D. Baker, the Petitioner vide M.C.A.No.417 of 1997 applied for probate under Section 276 of Indian Succession Act, 1925 in respect of her Will dated 4.4.1985 before the Civil Judge, Senior Division Pune. This was granted by

Vera D. Thackersey Vs. Bai Manekbai Annasaheb Thackersey

Court : Mumbai

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 2, 264, 264(1), 265, 265(1), 266, 267, 268, 272, 283, 286, 288 and 299; Bombay Civil Courts Act, 1869 - Sections 28-A and 28-A(1); Bombay High Court Orders; Bombay High Court Rules - Rules 55 and 255; Indian Succession Act, 1865; Probate and Administration Act, 1881; Code of Civil Procedure (CPC), 1908; Madras Civil Courts Act - Sections 29(1); Payment of Wages Act, 1936; Bombay City Municipalities Act, 1925; General Clauses Act, 1897 - Sections 8(1)

Reported in : AIR1977Bom419; (1976)78BOMLR543

administration together with all documents, for presentation to the District Judge, Poona, under Section 288 of the Indian Succession Act, 1925. 2. On 6th October 1973, one D. A. Thakersey died intestate at Poona, leaving a large estate. His … the application for presentation to the Court of the learned District Judge, under Section 288 of the Indian Succession Act, 1925. This contention of the respondent found favour with the learned Joint Civil Judge, Senior Division, Poona, who by

Madhukar Rajanna Darbhe Vs. Union of India (Uoi), Through the Secretar ...

Court : Mumbai

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 2, 57, 213, 213(1) and 213(2); Succession Act, 1925 - Sections 3, 118 and 119; Indian Succession (Amendment) Act, 1962; Hindu Wills Act, 1870 - Sections 2; Indian Succession Act, 1865 - Sections 331; Hindu Disposition of Property Act, 1916; Constitution of India - Articles 14 and 19

Reported in : 2007(5)ALLMR339; 2008(2)BomCR418

challenged in these 2 Writ Petitions on the ground that provisions of Section 57(a) and (b) of Indian Succession Act, 1925, violate Article 14 and 19 of the Constitution of India with prayer to hold that Probate is required … impugned order. They state that judgments on which reliance has been placed itself justify separate treatment accorded by Succession Act, 1925, to the Will of father of Respondent No. 3 and hence, Writ Petitions are without any merit. Learned

Smt. Bhagwati Bai and anr. Vs. Bablu @ Mukund and ors.

Court : Madhya Pradesh

Subject : Motor Vehicles

Reported in : 2007ACJ682; AIR2007MP38; [2007(2)JCR115(MP)]; 2006(4)MPLJ5

the Division Bench has held on the basis of the principle contained in Section 306 of the Indian Succession Act, 1925, that on the death of the claimant who had suffered the personal injury in the accident, the legal … the other hand, submitted that this was not the principle laid down in Section 306 of the Indian Succession Act, 1925, and in any case, the provision of Section 306 of the Indian Succession Act, 1925, did not apply

Uma Vithal Jhaveri and Another Vs. Nikhil Vithal Jhaveri

Court : Mumbai

Subject : Education

years from the date of grant of probate by this court, such petition under section 263 of Indian Succession Act, 1925 is barred by law of limitation. Learned counsel placed reliance on paragraphs 12 and 13 of the said … probate granted almost 38 years ago cannot be revoked unless the requirement of Section 263 of the Indian Succession Act, 1925 are satisfied/justified. The case of the Appellant is that this Court should in terms of Section 263 of

Jagdish Chandra Trikha Vs. Punjab National Bank and ors.

Court : Delhi

Subject : CompanyFamilyProperty

Acts : Succession Act, 1925 - Sections 211; Limitation Act, 1963 - Sections 9; Indian Contract Act, 1872 - Sections 148; ;Code of Civil Procedure (CPC), 1908 - Order 7, Rule 2

Reported in : 1997VIAD(Delhi)753; AIR1998Delhi266; 4(1996)CLT513; [2000]100CompCas839(Delhi); 69(1997)DLT874

necessary to obtain letters of administration in terms of the provisions of Sections 211 and 212 of the Succession Act, 1925 and cases which are of relevance and as cited above may now be referred.(19) In Jogendra Chunder Dutt … in Section 57. The Court held so on interpretation of provisions of Section 213 and 57 of the Succession Act 1925.This was held in Ram Chand Ganesh Das v. Sardara Singh and another (supra).(24) The same High Court in