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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 … limitation as to whether 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

Damodhar Bordoloi Vs. Mrinalini Devi Trust Board and ors.

Court : Guwahati

Subject : PropertyCivil

Acts : Succession Act, 1925 - Sections 57, 59, 63 and 118

that the will in question was not only executed and attested in the manner required under the Indian Succession Act, 1925 but it should also be found that the said will was the product of the free volition of … the safe custody of the wills of living persons, it is a void bequest as provided in the Chapter-VII of the Indian Succession Act and in this connection he refers to Sections 42, 43, 44 and 45 … her. As to other matters the finding was that the lady was 70 years old chronically ill and so had a trembling hand. So the

G. Shanmugham Chetti and anr. Vs. Chinnammal

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 263; Original Side Rules - Rules 30 and 32

Reported in : AIR1978Mad304

which is capable of being so disposed of by him in accordance with the provisions of the Indian Succession Act, 1925, or any other law for the time being in force applicable to Hindus. The other portions of the … wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this part, or has exhibited under that Chapter an inventory or account which is untrue in … exhibit an inventory or account in accordance with the provisions of Chapter VII of this part, or has exhibited under that Chapter an inventory or

G. Shanmugham Chetty and anr. Vs. Chinnammal

Court : Chennai

Subject : Family

Reported in : (1978)1MLJ405

which is capable of being so disposed of by him in accordance with the provisions of the Indian Succession Act, 1925 or any other law for the time being in force applicable to Hindus. The other portions of the … wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in … exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or

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 … Estate of Late Lala Karam Chand Thapar v. CIT[ 1979] 116 ITR 797 in support of the contention that assessment was to be made in

Pandraj Kunjilal Sadh (Deceased) and Rai Kumar Sadh Vs. Santosh Kumari ...

Court : Kolkata

Subject : Land Acquisition

been taken away is the jurisdiction of this Court to try and entertain the proceeding under the Indian Succession Act, 1925 and such jurisdiction has been conferred upon the City Civil Court at Calcutta. According to Mr. Deb, apart … executed by a Hindu without taking aid of the Indian Succession Act. 7. In other words, according to Mr. Deb, the jurisdiction conferred by the … City Civil Court Act, 1953 as they stand after the 1980 Amendment, some of the Rules of the Chapter XXXV of the Original Side Rules and Clause 34 of the Letters Patent which are quoted below:- “Indian

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 … Maud Datt) was allowed.2. The property in dispute consists of house No. 7 N. K. Mukherjee Road and house No. 9 (old No. 14) N.K.

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 … was having sound state of mind. It is also contended that testator was died on 07.09.1999 and the 7 respondents have not challenged the measurement which was done on 26.10.2005 and conversion order date 17.11.2005. The mutation

Madhu Kishwar and Others Vs. State of Bihar and Others

Court : Supreme Court of India

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 2(2), 4(2), 6 to 8, 14 and 15; Indian Succession Act, 1925; Bihar Scheduled Areas Regulation, 1969; Constitution of India - Articles 13(3), 14, 15, 16, 21, 39, 41, 46, 51 and 366; Chota Nagpur Tenancy Act, 1908 - Sections 7 and 8; Santhal Parganas Tenancy (Supplymentary Provisions) Act, 1949; Santhal Parganas Tenancy (Supplymentary Provisions) (Amendment) Act, 1958; Protection of Human Rights Act, 1993 - Sections 12; Punjab Preemption Act, 1930 - Sections 15; Hindu Marriage Act, 1954; Hindu Adoptions and Maintenance Act, 1956; Passport Act, 1967; Transfer of Property Act, 1882; General Clauses Act, 1897 - Sections 13(1); (Kullaiamma Thumporan Korilakam Society Partition) Act, 1961; Kerala Hindu Joint Family Abolition Act,

Reported in : 1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442

the apprehension expressed by the State-level committee is unfounded.41. The Christians in India are governed by the Indian Succession Act, 1925. It is stated that by operation of Section 1 notification issued under the Government of India Act of … fancies in dispensation of justice would be avoided. They concluded that 'we must proceed deliberately and wirely.' In chapter III at page 8 it is stated thus :Customary law refers to rules that are transmitted from generation … Christian Tribal woman from Chhota Nagpur area. They seek declaration that Sections 7, 8, and 76 of the Chhota Nagpur Tenancy Act, 6 of 1908,

Himungsu Kumar Basu Vs. Sudhangsu Kumar Basu

Court : Kolkata

Subject : FamilyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Section 9 - Order 7, Rule 11; ;Succession Act, 1925 - Section 141, 216 and 263; ;Indian Succession Act

Reported in : AIR2004Cal217,2004(1)CHN626

all possible steps as against the appellant/defendant about his administrationship under the Will within the arms of Indian Succession Act, 1925. Section 141 of the Indian Succession Act, 1925 speaks as follows :'141. Legatee named as executor cannot take … willfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in … appellant being the sole defendant therein took out an application under Order 7 Rule 11 of the Code of Civil Procedure for dismissal of the