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Apr 01 1969

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

Court : Andhra Pradesh

Decided on : Apr-01-1969

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 … P. Jaganmohan Reddy, C.J.1. The Office Note in S. R. No. 34717 of 1967 had initially sought orders on the questions (1) whether the

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Oct 04 2001

Bandopant Sitaram Bapat by His Heirs Arun Bandopant Bapat and ors. Vs. ...

Court : Mumbai

Decided on : Oct-04-2001

Subject : Family

Acts : Indian Succession Act - Sections 82, 83, 84, 85, 88 and 95

Reported in : 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 … which is on the file 'D' in the Special Civil Suit No. 39 of 1973. As there was some disagreement amongst the learned counsel for

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Aug 14 1984

Menaka Gandhi Vs. Indira Gandhi and anr.

Court : Delhi

Decided on : Aug-14-1984

Subject : Family

Acts : Special Marriage Act, 1954 - Sections 19 and 21A; Constitution of India - Article 14

Reported in : AIR1985Delhi114; 1984(7)DRJ238

Caste Disabilities Removal Act, 1850 applies. Section 21 lays down that 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 … Special Marriage Act is not a law of succession. (5) In our opinion, the argument has no force. Chapter Iv of the Special Marriage Act deals 'with 'Consequences of marriage under this Act.' Section 19 lays down … Marriage Act, the Indian Succession Act shall have effect as if Chapter Iii of Part V (Special Rules, for Parsi Intestates) had bisi o.nitted there

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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. … 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. … a like bond from any person to whom probate is granted.'16. Section 300 of the said Act, which provides for concurrent jurisdiction of the High

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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 … the Court was converted into a suit in accordance with the Rule 39 of the said Chapter and was registered as Suit No. 1 of

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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 … 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 … V.N. Khare, C.J.1. In this petition under Article 32 of the Constitution of India we are concerned with the constitutionality of

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Nov 28 1973

G.S. Nayyar Vs. Kaushalya Rani and ors.

Court : Delhi

Decided on : Nov-28-1973

Subject : Family

Acts : Succession Act, 1925 - Sections 272

Reported in : 10(1974)DLT131; 1974RLR511

Rani in the Court of the District Judge, Delhi by a petition under section 272/278 of the Indian Succession Act 39 of 1925 praying for grant of letters of administration with a copy of the will annexed in … lie as an appeal from a decree under section 96 of the Code. (15) Under Part 'B' of Chapter 3 of Part V of the Rules and Orders of the High Court, regular first appeals from decrees are

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Sep 04 1958

T.B. Sri Rangi Vs. Asia Bai

Court : Chennai

Decided on : Sep-04-1958

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 111, 112 and 121

Reported in : AIR1959Mad475

as the disposition did not offend against the rules contained in Section 113 to 116 of the Indian Succession Act, 1925. (In a case of gift or other transfer Inter vivos subject to the provisions in Chapter H of … the suit is the appellant. The suit was for partition and delivery of separate possession of the plaintiff's 3/5th share or in the alternative 4/6th share in certain buildings and sites described in the schedules to the

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Jul 20 1978

Smt. Dhanbai Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Jul-20-1978

Subject : FamilyProperty

Acts : Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 - Sections 11(5); Succession Act, 1925 - Sections 51

Reported in : AIR1979MP17; 1978MPLJ717

not in dispute that they are Parsis and governed by the provisions contained in Chapter III of Indian Succession Act, 1925. Two Revenue cases Nos. 74 (A-90). B-III of 63-64 (State v. T. C. Bajan Malguzari Accounts Katni) and … acres of lands in different villages of Murwara Tahsil of Jabalpur District. He left behind his widow Gulbai, 3 sons Timrasji, Bejanji and Dorabji and 2 daughters Dhanbai and Dinoobai. It is also not in dispute that

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Feb 24 1986

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

Court : Supreme Court of India

Decided on : Feb-24-1986

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 … burden the judgment. But it is relevant to point out that Section 30 of the Travancore Christian Succession Act, 1092 specifically excluded the applicability of

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