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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

Mary Roy and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Subject : Property

Acts : States (Laws) Act, 1951 - Sections 2, 3 and 6; Travancore Christian Succession Act, 1092; Indian Succession Act, 1925; Constitution of India - Article 14

Reported in : AIR1986SC1011; 1986(0)KLT508(SC); 1986(1)SCALE250; (1986)2SCC209; [1986]1SCR371; 1986(1)LC515(SC)

originally forming part of the erstwhile state of Travancore or is such intestate succession governed by the Indian Succession Act 1925 and if it continues to be governed by the Tranvacore Christian Succession Act 1092, whether Sections 24, 28 … rules relating to testate succession are to be found in Part VI of the Act which comprised 23 Chapters commencing from Section 57 and ending with Section 191. We are concerned here only with intestate succession and … to be governed by the Tranvacore Christian Succession Act 1092, whether Sections 24, 28 and 29 of that Act are unconstitutional and void as being

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 … The plaintiffs have applied for review of the order dated 14 October, 2010 on the ground of an error apparent on the face of the

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

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 … the High Court of Judicature at Bombay on a reference under Section 256(1) of the Income-tax Act, 1961 (for short the 'Act') decided all the

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 … M.L. Dudhat (Retd.,) dated 8th March, 1999 and Notice of Motion No. 2566 of 1999 in T. & I.J. Petition No. 598 of 1990 and

M.P. Christober and ors. Vs. M. Fabian and ors.

Court : Chennai

Subject : Property

Reported in : (1999)3MLJ256

prior to April 1, 1951, was a law corresponding to Chapter II of Part V of the Indian Succession Act, 1925 and this law, namely, the Travancore Christian Succession Act, 1092 must consequently be held to have been replaced … They sold the property in favour of Maria Michaelal mother of plaintiffs by two separate sale deeds dated 27.9.1960. and 12.1.1961. They are Exs.A-1 and A-2 respectively. Item No. 2 belonged to Sabarimuthu Nadar and Dominic, who

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, … (Prayer: 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

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

Court : Kerala

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 … THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 RSA NO. 62 OF 2024 AGAINST THE ORDER/JUDGMENT

Although in G.Gopal Vs. C. Vaskarreported at 2008 Vol 10

Court : Kolkata

Subject : MRTP

Act. In order to sustain a caveat, a caveatable interest must be shown. Section 284 of the Indian Succession Act, 1925 does not lay down the qualification and disqualification of the caveator. Once a caveat is lodged and a … on 10th January, 2017 without obtaining any leave as it was beyond time prescribed under Rule 25 of Chapter 35 of the Original Side Rules. In any event the caveat does not disclose legal grounds of objections … ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: The Hon’ble JUSTICE SOUMEN SEN GA888of 2017 PLA123of 2016 In the Goods of : Shrutika Doshi (Dec) For the