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Mukesh Ramchandra Bhardwaj Vs. Usha Vasantrao Kathale

Court : Mumbai

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 57, 213(1) and 213(2)

Reported in : 2005(4)ALLMR266; 2005(6)BomCR426; 2005(3)MhLj425

not obtain a probate of the Will as required by Sub-section (1) of Section 213 of the Indian Succession Act, 1925 as well as as per the law laid down by this Court in the case of Babasaheb Yeshwant

R. Venkatachalam Vs. G.M. Mascarenhas

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 283, 283(1) and 284

Reported in : ILR1991KAR197; 1990(3)KarLJ479

J., as he then was held that a caveat cannot be sustained under Section 284 of the Indian Succession Act, 1925 on the ground that the property was joint family estate. No doubt, at the time the decision was … Chandrakantaraj Urs, J.1. This appeal is directed against the Order dated 13th March, 1990 made by the learned Probate Judge of this Court in Probate C.P.No. 13/1989.2. The facts Leading

Solomon and ors. Vs. Muthiah and ors.

Court : Chennai

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, … Muthammal did not have an absolute interest in the immovable properties inherited from her husband Swaminathan, but under Section 17 of the said Regulation, she was entitled to an absolute right in respect of the movables 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

Anthappa (Deceased) by His Testamentary L.Rs Vs. Distinappa Alias Subb ...

Court : Karnataka

Subject : FamilyConstitution

Acts : Indian Succession Act, 1865 - Sections 332 and 832; Indian Succession Rules; Hindu Law; Adaptations of Law Order, 1950; Indian Succession Act, 1925 - Sections 3, 3(1), 3(2), 3(3), 29(2) and 392; General Clauses Act - Sections 3, 4A and 24; Constitution of India - Articles 13, 13(1), 13(3), 14, 15 and 372

Reported in : AIR2006Kant60; ILR2006KAR1576; 2006(1)KarLJ270

in force and full effect in view of the provisions of Section 3(1) and 3(2) of the Indian Succession Act, 1925?2. Does the notification referred to immediately herein supra stand impliedly repealed by the provisions of Section 392 of

Prabir Kumar Das Vs. Smt. Jayanti Das and anr.

Court : Kolkata

Subject : CivilFamily

Acts : City Civil Court Act, 1953 - Sections 2(3), 5, 5(1) and 5(3); ;Indian Succession Act, 1925 - Sections 2, 270, 300 and 300(1); ;Guardians and Wards Act, 1890; ;Indian Lunacy Act, 1912; ;City Civil Court (Amendment) Act, 1980

Reported in : (2007)1CALLT227(HC)

of 1890)(ii) X X X X X X(iii) the Indian Lunacy Act, 1912 (39 of 1925)(iv) the Indian Succession Act, 1925 (39 of 1925)7. Sub-section (1) of Section 300 of the said Act of 1925 empowers the High Court

Mst. Chhotki Vs. Chandra Prakash

Court : Rajasthan

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 214; Hindu Women's Rights to Property Act, 1937

Reported in : AIR1964Raj32

of 1943) which for all practical purposes is in the same terms as Section 214 of the Indian Succession Act, 1925 (No. XXXIX of 1925).2. The material facts leading up to the present reference may shortly be stated as … as it raises an important question relating to the applicability of Section 214 of the Jaipur. Succession Act, 1943, (Act No. LI of 1943) which for all practical purposes is in the same terms as Section 214

Anant Trimbak Sabnis Vs. Vasant Pratap Pandit

Court : Mumbai

Subject : Tenancy

Acts : Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 5(11), 13(1)(3) and 15; Indian Succession Act, 1925 - Sections 211, 211(I) and 213; Transfer of Property Act, 1882 - Sections 2, 5, 7, 12, 13, 15, 15(1) and 15(2); Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973; B.T. and A. Act, 1948 - Sections 2(21); Indian Companies Act - Sections 312; Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1978; Evacuee Property Act, 1950

Reported in : AIR1980Bom69; 1979MhLJ755

extent, this suit is liable to be dismissed.25. Mr. Parekh then relies on Section 211 of the Indian Succession Act. 1925 and contends that even if bequest of the tenancy rights is held to be ineffective, the plaintiff Executor … Deshpande, J.1. This appeal raises an important question as to whether the words 'assign' and 'transfer' in Section 15 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Rent

Kumara Swamy S/O Somashekar Vs. Dharme Gowda S/O Late Shanthamallegowd ...

Court : Karnataka

Subject : Family

Acts : Hindu Succession Act - Sections 8, 14, 14(1) and 30; Indian Succession Act, 1925 - Sections 59

Reported in : 2009(4)KCCR2907; 2010(2)KarLJ336; 2010AIR(Kar)352(NOC)

of being so disposed of by him or by her in accordance with the provisions of the Indian Succession Act 1925. Explanation to Section 30 explains as to what is the interest of a Hindu which can be disposed … K.N. Keshavanarayana, J. 1. The appellant in this second appeal who was defendant No. 5 in O.S. No. 7/90 on the file

H.V. Veerabhadraiah Vs. H.S. Kanteeravachar and Others

Court : Karnataka

Subject : CivilFamily

Acts : Indian Succession Act, 1925 - Sections 214; Code of Civil Procedure (CPC), 1908 - Sections 115 and 146 - Order 21, Rule 35; Administrator General's Act, 1918 - Sections 31 and 32; Companies Act, 1956 - Sections 433; Indian Succession Act, 1925 - Sections 214(1); Income Tax Rule, 1961 - Rule 26(1)

Reported in : AIR2001Kant171; 2001(4)KarLJ31

probate or succession certificate the proceeding could not be maintained in view of Section 214 of the Indian Succession Act, 1925. The learned Counsel for the revisionist, further made reference to decision of this Court in Smt. Kariyamma and … ORDER1. This revision petition under Section 115 of the Civil Procedure Code, arises from the order dated 23-6-1998 passed by the Civil Judge (Junior Division)

In Re: Hasima Latifi and ors.

Court : Mumbai

Subject : Family

Acts : Succession Act, 1925 - Sections 212, 213, 213(1), 213(2), 370 and 370(1); Special Marriage Act, 1954 - Sections 21; Succession Act, 1925 - Sections 5(2) and 324(1)

Reported in : AIR1962Bom227; (1961)63BOMLR940

and that because of that reason succession to his property is regulated by the provisions of the Indian Succession Act, 1925. As regards the statement of fact contained in that paragraph there is obviously some mistake, because it has … succession certificate to any property of the deceased could not be issued in view of the provisions of Section 21 of the Special Marriage Act, and that only probate of the said will could be applied for … grant of a succession certificate. Dr. Alma Latifi died on the the 16th August 1959. He was a Shia Mahomedan. He left a will which