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H Srinivas Rao Vs. Niranjan Rao

Court : Karnataka

Subject : Land Acquisition

introduction part wherein it is held that what is a caveatable interest within the meaning of the Indian Succession Act, 1925. The counsel also brought to notice of this Court paragraph 27 wherein it is held that chapter XXXV … of title in respect of the estate or capacity of the testator to dispose of the property by 13 Will on ground outside the law of succession would be a stranger to the probate proceeding inasmuch as

Bilquis ZakiuddIn Bandookwala and Others Vs. Shehnaz Shabbir Bandukwal ...

Court : Mumbai

Subject : Family

Acts : Code of Civil Procedure (CPC) - Order 47; Special Marriage Act, 1954 - Section 21; Indian Succession Act - Sections 29, 31 to 40, 57, 213(2), 63

the Act thus:"21. Succession to property of parties married under Act._ Notwithstanding any restrictions contained in the Indian Succession Act, 1925, with respect to its application to members of certain communities, succession to the property of any person whose … of the said Act and for the purpose of this Section that Act shall have effect as if Chapter II of Part V (Special Rules for Parsi Intestates) had been omitted therefrom".9. Hence, when a person marries … behalf of the petitioner in this Review Petition has relied upon para 13 of the said Judgment, which reads thus:"In my view, prima faice, it

In Re: the Goods of Late Ravinder Kumar

Court : Allahabad

Subject : ConstitutionCivil

Acts : 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

Reported in : 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. … case, I am of opinion that the provisions of Order 9, Rule 13 of the Code of Civil Procedure are applicable to probate proceedings and,

Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others

Court : Allahabad

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 4, 15(1), 18, 24, 25, 29, 29(1) and (2), 36, 37 to 40 and 47; Indian Succession Rules, 1925 - Rules 6 and 39; Adoption of Children Act, 1926 - Sections 1(1) and 2, 3 and 5(2); Adoption of Children (Amendment) Act, 1949; Adoption Act, 1976 - Sections 39(2); Evidence Act, 1872 - Sections 50, 57(1); Hindu Adoptions and Maintenance Act, 1956 - Sections 12; Punjab Laws Act, 1872 - Sections 5 and 7; Oudh Estate Act, 1869; Sri Pratap Jammu and Kashmir Laws Consolidation Act, 1977; Constitution of India - Articles 13, 21 and 372; Bengal, Agra and Assam Civil Courts Act, 1887; Indian Majority Act, 1875; General Clauses Act, 1904 - Sections 3(57); Universal Declaration of Human Rights, 1948 - Article 16(1); International

Reported in : 2000(4)AWC3270

of U. P. is concerned, intestate succession of Indian Christians is governed by the provisions contained in Indian Succession Act, 1925 and any custom prevalent in the State in this regard would, for the purpose of succession be irrelevant … On account of the contest the petition for grant of Letters of Administration filed under Rule 6 of Chapter XXX of the Rules of the Court was converted into a suit in accordance with the Rule 39 … sister Mrs. Ethel Walters filed a petition in the High Court on 13.5.1981 under Sections 218 and 278 of Indian Succession Act (hereinafter referred to

MA I Kovoor @ Anna Kovoor Vs. Thomas Ipe Kovoor (Jr.) and Others

Court : Karnataka

Subject : Education

Probate C P is filed under Part IX, Chapter IV, S. 278 r/w S. 219 of the Indian Succession Act, 1925 praying to grant letters of administration to the petitioner to the estate of the deceased Elizebeth Ipe Kovoor, … leaving her property in Bangalore and Mumbai. 2. The said petition was filed by the petitioner Anna on 13.8.2014 after the earlier petition filed by her under S.218 (and not S.219) came to be rejected by this

Ms. M. A. I. Kovoor @ Anna Kovoor Vs. Mr Thomas Ipe Kovoor (Jr.)

Court : Karnataka

Subject : Education

Kerala Respondents Probate C P is filed under Part IX, Chapter IV, S.278 r/w S.219 of the Indian Succession Act, 1925 praying to grant letters of administration to the petitioner to the estate of the deceased Elizabeth Ipe Kovoor, … leaving her property in Bangalore and Mumbai. 2 The said petition was filed by the petitioner Anna on 13.8.2014 after the earlier petition filed by her under S.218 (and not S.219) came to Dt. of judgment: Friday,

John Vallamattom and anr. Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : PropertyConstitution

Acts : Constitution of India - Articles 13, 14, 15, 25, 26, 27, 32, 44 and 372; Indian Succession Act, 1925 - Sections 3, 4, 5 to 49, 51, 58 to 191 and 212; Charitable Uses Act, 1735; Mortmain and Charitable Uses Act, 1888; Indian Succession (Amendment) Act, 1891; Charities Act, 1960; Indian Succession Act, 1865; Transfer of Property Act, 1882 - Sections 18; Code of Civil Procedure (CPC) , 1908 - Sections 92; Hindu Succession Act, 1956; Sections 213 of the Indian Succession Act; Indian Divorce Act

Reported in : AIR2003SC2902; 2003(5)ALD51(SC); 2004(5)ALLMR(SC)283; 2003(4)AWC2689(SC); 2003(3)CTC418; [2003(4)JCR44(SC)]; JT2003(6)SC37; 2003(3)KLT66(SC); 2003(5)SCALE384; (2003)6SCC611

Constitution of India we are concerned with the constitutionality of the provisions of Section 118 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act').2. Petitioner No. 1 is an Indian citizen and is a Christian Priest … provides that every person of sound mind not being a minor may dispose of his property by Will. Chapter VII of the Act deals with void bequests.7. Section 118 is contained in the said chapter which reads … is neither in doubt nor in dispute that Clause 1 of Article 13 of the Constitution of India in no uncertain terms states that all

Darjus Jehangir Vs. Lyla Minoo Ghasvalla and Others

Court : Mumbai

Subject : Family

Acts : Successions Act, 1925 - Sections 74, 75, 82, 83, 88, 119, 120, 131 and 132; Guardians and Wards Act, 1890 - Sections 29

Reported in : AIR2000Bom372; 2000(2)ALLMR32; 2000(3)BomCR447; (2000)2BOMLR108

Mr. Bookwala had relied upon sections 74, 75, 82, 88, 119, 120, 131 and 132 of the Indian Succession Act, 1925. Mr. Bookwala has relied on the decisions in the cases of (i) Re. Rowland & another 1963 CD … discharged as administrator even if the allegations are withdrawn.9. Sections 74, 75, 82 and 88 form part of Chapter VI of the Indian Succession Act entitled Construction of Wills. These sections lay down certain guidelines for construing … the decision of this controversy, Clauses 6, 7, 8, 9, 10, 11, 13, 14 and 40 of the Will are relevant and are reproduced hereunder:'6.

Stephen Court Limited Vs. the Official Trustees of West Bengal

Court : Kolkata

Subject : Property limitation

Acts : Transfer of Property Act, 1882 - Section 53A;; Registration Act, 1908 - Section 49;; Specific Relief Act, 1963 - Sections 10 and 13;; Indian Succession Act, 1925 - Sections 2, 273, 274, 300 and 302;; City Civil Court Act, 1953 - Sections 2(5), 5(3) and 22;; Official Trustees Act, 1913 - Sections 25 and 26;; Evidence Act, 1872 - Section 115;; Code of Civil Procedure (CPC), 1908 - Section 11 - Order 1, Rule 13 - Order 6, Rule 4;; Calcutta High Court Original Side Rules - Rules 3 and 13;; Indian Companies Act, 1913;; Specific Relief Act, 1877 - Section 27A;; Bombay Rents Hotel and Lodging House Rates (Control) Act, 1947;; Constitution of India - Article 311(1);; Rent Control Act - Section 11;; Land Reforms Act - Sections 106 and 125(3);; Limitation Act, 1963 - Section 17

Reported in : (2000)2CALLT1(HC)

and estoppel. It was further submitted that the appellant's application was maintainable under section 302 of the Indian Succession Act, 1925 and the order passed thereon could not be void. On the merits the appellant submitted that even though … This appeal has been preferred from a decree passed on an Originating Summons filed by the respondent under Chapter XIII of the Rules of the Original Side of the Court. The learned judge declared that the appellant … was owned by Peter Charles Earnest Paul (referred to as Paul). On 13th September 1919 Paul leased out the premises to Francis Daniel Augustus Larmour

In Re, Smt. Amina

Court : Mumbai

Subject : ConstitutionFamily

Acts : Constitution of India - Articles 12, 13, 14, 17, 19(1), 363, 366(22), 368 and 372; Guardian and Wards Act, 1890; Indian Succession Act, 1925 - Sections 51; Government of India Act, 1935; Bombay Prevention of Hindu Bigamous Marriages Act, 1946; Code of Criminal Procedure (CrPC) , 1908 - Sections 384 - Order 21, Rule 15(1)

Reported in : AIR1992Bom214

petition keeping in substance the questions formulated in this order of reference open.3. Section 51 of the Indian Succession Act, 1925 reads as under:--'51. Division of a male intestate's property among his widow, children and parents.--(1) Subject to the … that every action of the State-legislative, executive or judicial must necessarily conform to the Constitution of India including Chapter on fundamental rights enshrined in Part III of the Constitution of India. Article 12 of the Constitution defines … personal law to the same effect is immune from challenge under Article 13 of the Constitution of India and need not conform to fundamental rights4.