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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 … miscellaneous first appeal is filed challenging the order passed by the Trial Court in Misc. Case No.25/2016 dated 15.12.2017 wherein the Trial Court allowed the petition filed under Section 263 of the Indian Succession Act and the

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 … was being looked after by others and that for the last about 15 years Ajit Datt had been declaring the names of his natural parents

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 … to the petitioners the said provision is violative of Articles 14 and 15 of the Constitution of India inasmuch as it:a) discriminates against a Christian

V.K.S. Bawa Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1996)56ITD232(Delhi)

deceased. An executor holds the estate as representative of the deceased and not on behalf of any beneficiaries. Chapter VII of the Indian Succession Act, 1925 defines the duties of the executors. These are, inter alia, to … completion of the administration of the will. Our attention was also invited to Section 211 of the Indian Succession Act, 1925 in support of the contention that the property vests in the executor though he is not the owner … may be given to Mrs. Savitri Chadha. A further amount of Rs. 15,000 may be retained by the executors to be utilised for the welfare

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. … Padmanabha Pillai : AIR1958Ker88 , it was laid down as under (paragraph 15 of the said AIR) :'15. We have absolutely no hesitation in accepting

ishwarsingh S/O Chunnusingh and ors. Vs. Krishnabai W/O Chunnusingh an ...

Court : Mumbai

Subject : LimitationCivil

Acts : Indian Succession Act, 1925 - Sections 196, 197 and 205; Limitation Act, 1963 - Sections 5 and 29(2); Code of Civil Procedure (CPC) , 1908 - Sections 115

Reported in : 1995(3)BomCR156; (1995)97BOMLR200

section 5 of the Limitation Act is applicable to a proceeding instituted under Chapter VII of the Indian Succession Act, 1925.2. Ishwarsingh Chunnusingh and five others submitted an application purporting to be under sections 192 and 195 of the … Act on 4th March. 1987. Since Chunnusingh s/o Laxman Singh, owner of the property in dispute, died on 15-8-1986, the application was beyond the period of limitation of six months prescribed under section 205 of the Indian

K.R. Patel (Dead) Through Lrs. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11(1), 160, 168 and 256(1); Bombay Public Trust Act, 1950 Sections 17, 18, 19, 20, 21, 29 and 36; Indian Succession Act, 1925 - Sections 2, 211, 222, 302, 317 and 366; Mussalman Wakf Validating Act, 1913; Official Trustees Act, 1913 - Sections 7(6); Income Tax Act, 1922 - Sections 4(3), 41 and 176(4); Administrators General Act, 1963

Reported in : AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44

trustees as trustees under the terms of the Will as well as under Section 211(1) of the Indian Succession Act, 1925. It was also held that the trust was public trust. The trust was registered on December 29, 1964.7. … him in his representative capacity only, and the tax shall, subject to the other provisions contained in this Chapter, be levied upon and recovered from him in like manner and to the same extent as it would … Co. or to sell the same as a going concern. Clauses 11, 15, 16 and 20 of the Will are particularly relevant for purposes of

Asstt. Commissioner of Wealth Tax Vs. Smt. Mrunalinidevi Puar of Dhar

Court : Income Tax Appellate Tribunal ITAT Indore

Subject : Direct Taxation

Reported in : (2007)106ITD541Indore

Act so in order to find out its true meaning aid is necessarily to be taken from Indian Succession Act 1925 in which "executor" is defined as "a person to whom the execution of the last will of the … & 65 & CIT v. James Anderson 51 ITR 345 (SC). To overcome this lacuna, certain sections in chapter XV were introduced in the income tax act 1961. Particular reference in respect of taxation of the income … Income Tax assessment years 1981-82 & 82-83 being ITA Nos. 1865/Ahd/88 & 1583/Ahd/86. 3. Copy of order of I.T.A.T. Indore Bench in the Wealth Tax

National Insurance Company Ltd. Vs. P.C. Chacko and Others

Court : Kerala

Subject : Land Acquisition

In this view of the matter following the principles under Chapter II of Part V of the Indian Succession Act, 1925, claimant is the only legal heir of his deceased daughter and grandchild. No dispute is raised on that … claim under Section 166, only the legal heirs or the victim can sustain the claim under Section 163A. 15. It may not be inapposite straightaway to note that the owner of the motor vehicle as also the

Vrandavanla Goverdhanlal Pitti and anr. Vs. Kamala Bai Goverdhanlal an ...

Court : Andhra Pradesh

Subject : Property

Acts : Succession Act, 1925 - Sections 57, 59 to 190, 211, 213, 222 and 237 to 260

Reported in : AIR1970AP109

amended by Act XXI of 1870) corresponding to the sections set out in Schedule III of the Indian Succession Act 1925 were made applicable to all wills and codicils specified in clauses (a) and (b) of Section 57 wherever … of a part of the property bequeathed under the will. It appears to us that the provisions of Chapter II of part IX Sections 237 - 260 which deal with grants limited in duration are only applicable … Pillai and fro the recovery of the balance of legacy of Rs. 15,000 with further interest, and of a sum of Rs. 15,000 due on