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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 … arisen after the death of Mrs. Maud Datt which took place on 5.12.1980. Her real sister Mrs. Ethel Walters filed a petition in the High

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

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 … Chandulal, or whether they held the estate in that capacity from April 5, 1963, when probate of the Will was obtained?2. Whether, on the facts

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 … of Motion No. 2566 of 1999 in T. & I.J. Petition No. 598 of 1990 and the preliminary objections raised by respondent Nos. 1 and

Bharatkumar Manilal Dalal Vs. Controller of Estate Duty, Gujarat

Court : Gujarat

Subject : Direct Taxation

Acts : Estate Duty Act, 1953, Sections 5, 6, 14, 15 and 34(3)

Reported in : [1975]99ITR179(Guj)

been disposed of by a will in view of the prohibition contained in Schedule III to the Indian Succession Act, 1925. In other words, there was no property in existence in the lifetime of the insured which would have … exposed to the peril. Similarly, in fire insurance the building insured is the subject-matter of insurance'. 23. In Chapter 5 on Insurable Interest at page 19 the said learned author observed : 'Where, as in the case of

N. Radhakrishna Naidu and ors. Vs. S. Govindaswami Naidu and anr.

Court : Chennai

Subject : FamilyProperty

Reported in : (1975)1MLJ212

took a vested interest in the suit properties, the bequest is hit by Section 113 of the Indian Succession Act, 1925, because his interest was liable to be diminished or reduced if other sons were born to Sethulakshmi Ammal. … a bequest in favour of an unborn child. The result of this is, subject to the limitations in Chapter II of the Transfer of Property Act and Sections 113, 114, 115 and 116 of the Indian Succession … equally by the adopted son and the daughter. In Clauses 4 and 5 of the will, he provided for the manner and the extent of

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 … obtaining probate in case of certain communities set out in Sections 29, 57, 58 and 213 of the Indian Succession Act.11. The relevant part of

Jagdish D. Mehta Vs. Suneel Anant Deshpande

Court : Mumbai

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 63(1), 268, 276, 280, 283(1), 284, 295, 300 and 383; Evidence Act, 1872 - Sections 41; Code of Civil Procedure (CPC) , 1908 - Sections 26, 86 and 87B - Order 22, Rule 4; Bombay High Court (Original Side) Rules - Rules 374, 397, 397(4), 399, 400, 401, 402 and 403

Reported in : 2008(5)BomCR56

the parties at considerable length and with their assistance have gone through the relevant provisions of the Indian Succession Act, 1925 ('the Act' for short) and the Bombay High Court (Original Side) Rules ('the Rules' for short) so also … late Dr. A.L. Annamalai and Ors.); 1996 AIHC 342 (Smt. Satyawati's LR.s v. State of Rajasthan and Ors.).8. Chapter XXVI of the Rules deals with testamentary and intestate jurisdiction of this Court, while Chapter 4 in Part … estate. The Advocates of the heirs of Suneel by their letter dated 5th February, 2007 addressed to the Advocates for the plaintiff informed them the

Mamta Dinesh Vakil Vs. Bansi S. Wadhwa

Court : Mumbai

Subject : Land Acquisition

not Hindus, Mohammedans, Budhists, Sikhs, Jains or Parsis (essentially being Christians) set out in Chapter V of Indian Succession Act 1925 (ISA) relating to intestate succession are wholly gender neutral and gender equal. 57. Where the intestate has left … Whether Entry 7 of class II of the Schedule to the Hindu Succession Act is unconstitutional and unreasonable. 5 Whether the persons brought on record as legal heirs are in fact legal heirs of the deceased the

Sugumal Duraisingh Vs. Annamani Ammal

Court : Chennai

Subject : Family

Acts : Evidence Act, 1872 - Sections 68; Indian Succession Act, 1925 - Sections 32, 47 and 63; Indian Registration Act, 1908; ; Hindu Adoptions and Maintenance Act, 1956; Hindu Law

Reported in : (2009)8MLJ591

to look into Section 68 of the Indian Evidence Act, 1872 and also Section 63 of the Indian Succession Act, 1925. Section 68 of the Indian Evidence Act, 1872 reads as follows;Proof of execution of document required by law … of the kindred of the deceased, in the order and according to the rules thereinafter contained in the chapter. As per Section 47 where the intestate has left neither lineal descendant nor father nor mother, the property … the decision referred to supra.c) In : 2006 (9) Supreme Court Cases 515 Joseph Antony Lazarus (dead) by LRs. v. A.J. Francis the Honourable Apex