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Nov 29 2024

H Srinivas Rao Vs. Niranjan Rao

Court : Karnataka

Decided on : Nov-29-2024

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 … . NAYAN KUMAR, S/O LATE V. SHRIDHAR RAO, AGED ABOUT55YEARS, R/AT NO.792, 1ST FLOOR, A BLOCK, 14TH MAIN, 19TH CROSS, OPP: GANESH TEMPLE, SAHAKARNAGAR, BENGALURU - 560092. … RESPONDENTS (BY SRI K.CHANDRANATH ARIGA, ADVOCATE FOR R1 TO

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Jul 04 2003

In Re: the Goods of Late Ravinder Kumar

Court : Allahabad

Decided on : Jul-04-2003

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. … 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 … 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.

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Sep 28 2000

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

Court : Allahabad

Decided on : Sep-28-2000

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 … 8.7.1985 of a learned single Judge in Testamentary Suit No. 1 of 1983 whereby the petition filed by Mrs. Ethel Walters for grant of Letters

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Jul 21 2003

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

Court : Supreme Court of India

Decided on : Jul-21-2003

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 … of faith, the noun of which is Islam.'51. The petitioners have quoted a passage purported to be from Chapter 19 of Gospel according to Luke. The Holy Bible published by Gideons does not contain the said passage.52. Assuming

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Nov 28 2007

M.K. Srinivasan and Kannan Vs. Rangarajan

Court : Chennai

Decided on : Nov-28-2007

Subject : Family

Acts : Indian Succession Act, 1865; Indian Succession Act, 1925 - Sections 2, 264, 265, 266, 270, 273, 278, 286, 295, 299, 384(1), 388, 388(1) and 388(2); Probate and Administration Act, 1881 - Sections 87; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 23; Punjab Civil Courts Act, 1918 - Sections 30; Central Provinces Courts Act, 1917 - Sections 19; Bombay Civil courts Act, 1869 - Sections 28A; Madras Civil Courts Act, 1873 - Sections 29(1); Madras City Civil Courts Act, 1892; Tamil Nadu Civil Courts Act, 1873 - Sections 12, 13, 29, 29(1), 29(2) and 29(3); Tamil Nadu Civil Courts (Amendment) Act, 1995 - Sections 4(2); Tamil Nadu Civil Courts (Amendment) Act, 2004; Bombay Civil Courts [Extension and Amendment] Act, 1958 - Sections 8; Succession Certificate Act - Sections 26; Chenna

Reported in : (2008)1MLJ435

R. Rama Subbarayalu Reddiar v. Rengammal, wherein at pages 321 to 323, it is observed as follows:.The Indian Succession Act, 1925, is a consolidating stature which repealed and re-enacted several statutes which dealt with succession to and protection of … or to disposition of properties situate in the formers Presidency Towns. It is unnecessary to examine them now. Chapter VI of Part IX of the Act relates to the practice and procedure in the matter of granting … spelt out in the Full Bench decision of this Court reported in 1962 [2] MLJ 18 between R. Rama Subbarayalu Reddiar v. Rengammal, wherein at

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Nov 04 1970

Solomon and ors. Vs. Muthiah and ors.

Court : Chennai

Decided on : Nov-04-1970

Subject : Property

Reported in : (1974)1MLJ53

III of 1951), which came into force on 1st April, 1951. it was the provisions of the Indian Succession Act, 1925 that applied to the succession to the property of Swaminathan which opened on his death on 29th May, … and grandchildren of one brother and the 9th defendant being another brother of Swaminathan. The provisions contained in Chapter II of Part V of the Indian Succession Act lay down the rules in case of intestates and … reorganisation of the States. The said Swaminathan died issueless on 29th May, 1960, survived by his widow Muthammal. Muthammal is said to have executed two

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Dec 21 1999

Stephen Court Limited Vs. the Official Trustees of West Bengal

Court : Kolkata

Decided on : Dec-21-1999

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 … that a lease executed between the Official Trustee and the appellant in 1984 for a period of 60 years from 2018 was void. Before considering

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Jul 18 2025

D.Rajagopal Vs S.Jeyaprakash and 2 others

Court : Chennai

Decided on : Jul-18-2025

of 2013 had been filed by the 1st respondent herein S.Jayaprakash under Sections 232 and 276 of Indian Succession Act, 1925 seeking grant of Letters of Administration with respect to a Will dated 29.01.2010 said to have been executed … Act, 1955.23.It must be pointed out that in the Tamil Nadu Court Fees and Suit Valuation Act 1955, Chapter - VI specifically exclusively deals with Probates, Letters of Administration and Certificate of Administration. The procedure contemplated therein … Section 11 and Article 11(k) of TamilNadu Court Fees & Valuation Act, 1955 r/w Section 151 of CPC, prayed to direct an enquiry to determine

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Feb 07 2024

Mariyam @ Beatrice, Rep. by Power of Attorney Holder Boby Kurian vs Fr ...

Court : Kerala

Decided on : Feb-07-2024

of Kerala & Ors. the Apex Court held as under : “So far as Indian Christian are concerned, Chapter II of Part V contains rules relating to intestate succession and a fortiori on the extension of the … defendants.3. The plaintiff filed the suit contending that the parties are Christians and are governed by the Indian Succession Act,1925. According to the plaintiff, plaint A and B scheduleproperties belonged to the father of the plaintiff by name … A. BADHARUDEEN WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 RSA NO. 62 OF 2024 AGAINST THE ORDER/JUDGMENT OS 213/2019 OF MUNSIFF

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Oct 16 1998

Preman Vs. Union of India (Uoi) and ors.

Court : Kerala

Decided on : Oct-16-1998

Subject : Property

Acts : Succession Act, 1925 - Sections 118; Constitution of India - Articles 14, 15, 25 and 26

Reported in : AIR1999Ker93

of 1996. The petitioners in both the Original Petitions are Christians. Aggrieved against Section 118 of the Indian Succession Act, 1925, they have filed the Original Petitions to declare the said provision as unconstitutional, discriminatory, arbitrary and violative of … provisions of this Part shall constitute the law of India in all cases of intestacy. Section 31 of Chapter II of the Act provides that the said Chapter shall not apply to Parsis. Section 50 of Chapter … Government Standing Counsel for the first respondent in O.P. No. 5150 of 1995 and the sole respondent in O.P. No. 16501 of 1996. The petitioners

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