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Bandopant Sitaram Bapat by His Heirs Arun Bandopant Bapat and ors. Vs. ...
Mumbai
Oct-04-2001
Family
Indian Succession Act - Sections 82, 83, 84, 85, 88 and 95
2002(1)BomCR96; (2002)1BOMLR256; (2002)ILLJ436Bom
of the Will in the sense of user and enjoyment of the property by way of absolute ownership.7. Chapter VI of Indian Succession Act, 1925 deals with construction of Wills. Section 82 provides that the meaning of … limited interest in the immovable properties to Bhagirathibai. Referring to Sections 82, 83, 85 and 88 of Indian Succession Act, 1925, the learned counsel for appellants submitted that the meaning of the Will needs to be collected from the … all properties to respondent Nos. 2 and 3 herein. Bhagirathibai died on 12th July, 1970. After the death of Bhagirathibai the dispute arose between Bandopant
Tag this Judgment! AI Brief & AskIn Re: the Goods of Late Ravinder Kumar
Allahabad
Jul-04-2003
ConstitutionCivil
Constitution of India - Article 225; Allahabad High Court Rules, 1952 - Rules 9 and 31; Code of Civil Procedure (CPC) , 1908 - Sections 148 and 149; Sucession Act, 1925 - Sections 276 and 278
AIR2004All46
Sri J. Nagar that the provisions of Code of Civil Procedure save as otherwise provided in the Indian Succession Act, 1925 have been made applicable to the proceedings in relation to the grant of probate and Letters of Administration.10. … Ravinder Kumar with Will annexed, after the Registrar General gives certificate of satisfaction of payment of Court-fee under Chapter XXX, Rule 9 of the Rules of this Court.'5. It has been averred in the aforesaid Civil Misc. … Sao case (supra), it was laid down as follows (paragraphs 11 and 12 of the said AIR) :'(11) The next point which Mr. Shambhu Nath
Tag this Judgment! AI Brief & AskDevisingh S/O Balaramsingh Raghuwanshi and ors. Vs. Smt. Shailabai Wd/ ...
Mumbai
Apr-24-1994
Family
Hindu Succession Act, 1956 - Sections 6 and 30; Indian Succession Act, 1925 - Sections 63 to 68; Evidence Act, 1872 - Sections 3, 59, 60, 61 and 101
1996(2)BomCR183
of the Will has to be proved in accordance with the provisions of section 63 of the Indian Succession Act, 1925. Further, they have to prove that it is the last Will of the testator. It is then not … compensation at all under the said Act for acquisition of his land. On the other hand, perusal of Chapter III of the said Act and in particular section 8 thereof provides for payment of compensation to the … 23) Tiphan 2 : Two Hundred4) Daware dunde 6 x 6 = 125) Oil engine 1 : Two Thousand, fixed in well in S. No.
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In Re: Anthony Fernandes and ors.
Mumbai
Oct-12-1992
Civil
Succession Act, 1925 - Sections 2 and 390; Code of Civil Procedure (CPC) , 1908 - Sections 2(4)
1993(1)BomCR580
Shri Bapat saw me in Chamber and invited my attention to the standard commentary of Paruck's. The Indian Succession Act, 1925 (7th Edition) at page 613 reading inter alia as under :'Bombay Regulation No. VIII of 1827 is not … then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a … the High Court exercising Ordinary Original Civil Jurisdiction under Clauses 11 and 12 of the Letters Patent was liable to be considered as the Principal
Tag this Judgment! AI Brief & AskSmt. Rajrani Sehgal Vs. Dr. Parshottam Lal and Others
Delhi
Dec-18-1991
Family
Succession Act, 1925 - Sections 87, 82, 114, 138, 276 and 278; Evidence Act, 1872 - Sections 62, 63 and 68; Hindu Law
AIR1992Delhi134
thereafter a petition for grant of probate/letter of administration under the provisions of Section 276/278 of the Indian Succession Act, 1925 (for short 'the Act) was filed by respondent No. I on the basis of a Will, dated 9th … appellant sought to canvass for interpreting Section 138 is not tenable for the reason the heading of the chapter in which this section occurs indicates that this section as well as succeeding sections deal with bequests in … strong reliance on a judgment of the Judicial Committee reported as 1884 12 Ind App 103, Shookmoy Chunder Dass v. Srimati Manoharri Dasi, holding that:'Where
Tag this Judgment! AI Brief & AskRajrani Sehgal Vs. Parshottam Lal and ors.
Delhi
Dec-18-1991
Property
Succession Act, 1925 - Sections 276
46(1992)DLT263
thereafter a petition for grant of probate/letter of administration under the provisions of Section 276/278 of the Indian Succession Act, 1925 (for short 'the Act') was filed by respondent No. I on the basis of a will, dated 9th … sought to canvass for interpreting Section 138 is not tenable for the reason that the heading of the chapter in which this Section occurs indicates that this Section as well as succeeding Sections deal with bequests ingeneral, … case, relating to a will by a Parsi, reported as Air 1923P.C. 122, Putlibai and Others v. Sorabji Naoroji Gandhi and Others, were while conferring
Tag this Judgment! AI Brief & AskRajappa and ors. Vs. Andalammal and ors.
Chennai
Aug-31-1956
Motor VehiclesCivil
Code of Civil Procedure (CPC) , 1908 - Sections 50 to 53 and 115 - Order 1, Rule 10 - Order 22, Rule 4; Motor Vehicles Act, 1939 - Sections 96 and 96(2)
AIR1957Mad236
modified by legislation very much earlier than in 1934 in India (vide pages 650 to 652).The original Indian Succession Act, 1925, enacted that all causes of action in favour of or against a person survives except those for defamation, … or that other person, as the case may be,a policy of insurance complying with the requirements of this chapter.'Section 95 provides for the requirements of policies and limits of liabilities. Section 96 of the same Act lays
Tag this Judgment! AI Brief & AskRajrani Sehgal Vs. Parshottam Lal and ors.
Delhi
Dec-18-1992
FamilyProperty
Evidence Act, 1872 - Sections 68
47(1992)DLT192; 1993(25)DRJ338; 1992RLR126
a petition for grant of probate/letter of administration under the provisions of section 276/ 278 of the Indian Succession Act, 1925 (for short 'the Act') was filed by respondent No.1 on the basis of a will, dated 9th September, … sought to canvass for interpreting section 138 is not tenable for the reason that the heading of the chapter in which this section occurs indicates that this section as well as succeeding sections deal with bequests in … relating to a will by a Parsi, reported as Air 1923 P.C. 122, Putlibai and others v. Sorabji Naoroji Gamdia and others, where while conferring
Tag this Judgment! AI Brief & AskEruch Rustom Irani Vs. Limji Kaikashroo Pandey
Mumbai
Nov-16-1991
Civil
Bombay High Court (Original Side) Rules - Rules 401 and 402; Code of Civil Procedure (CPC) 1908 - Sections 148A
1993(1)BomCR340; (1992)94BOMLR351
in the petition that the deceased left no surviving heir or next of kin according to the Indian Succession Act 1925 as applicable to the Parsis. It is further stated that the deceased died as a widow and issueless … a petition and caveat to be filed challenging the grant of probate may be noted at this stage. Chapter XXVI of the Original Side rules pertains to testamentary and intestate jurisdiction of this Court. Rule 401 provides … deceased died at Bombay on 7th February 1989 leaving the Will dated 12th January 1989. The petition was filed on 20-11-1990 by the petitioner (plaintiff).
Tag this Judgment! AI Brief & AskAnilkumar Narharrao Satarkar and ors. Vs. Shrinivas Alias Digambar Ach ...
Mumbai
Sep-20-1993
Family
Indian Succession Act, 1925 - Sections 82 and 124
1994(2)BomCR106
first contingency and to these three plaintiffs in the second. At this juncture, section 124 of the Indian Succession Act, 1925 has to be considered. Section 124 reads thus,-'Where a legacy is given if a specified uncertain event shall … then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a … mentioned in this Will. After the death of my husband, Anilkumar aged 12 son of Narhari, Arunkumar aged 9 son of Narhari and Shashikant, aged
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