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K.V. Krishna Veni and ors. Vs. K.K. Rajagopal and ors.
Kerala
Jan-08-1990
Property
Succession Act, 1925 - Sections 106, 107 and 109
AIR1990Ker337
and defendants 5 and 6 survived the testator.8. Another Section which is also relevant in this connection is Section 107 of the Indian Succession Act, which reads as follows :--'If a legacy is given to legatees in words … namely, Meenakshi takes the whole of B schedule property by virtue of operation of Section 106 of Indian Succession Act, 1925.7. On the other hand, learned counsel for respondents contended that it is Section 109 that is applicable to
Tag this Judgment! AI Brief & AskSunderlal Chourasiya Vs. Tejila Chourasiya and ors.
Madhya Pradesh
Mar-17-2004
Family
Succession Act, 1925 - Sections 107 and 109; Hindu Succession Act, 1956 - Sections 8
AIR2004MP138; 2004(2)MPLJ193
the finding on this issue has become final. The trial Court by applying Section 109 of the Indian Succession Act, 1925 (in short 'the Act') held that the heirs of Chhiddilal (Defendants 2 to 8) would be entitled for … to him, learned trial Court by adopting incorrect approach of law applied Section 109 of the Act. Indeed, Section 107 of the Act is applicable in present factual scenario. It has been proposed by him that the share
Tag this Judgment! AI Brief & AskSinnaraj Pillai and ors. Vs. Ramayee Ammal and anr.
Chennai
Aug-24-1967
FamilyProperty
Succession Act, 1925 - Sections 106 and 107; Hindu Law; Limitation Act, 1908 - Schedule - Article 144
AIR1969Mad96; (1967)2MLJ639
April, 1934, and the true scope and effect, if any, of Sections 106 and 107 of the Indian Succession Act (XXXIX of 1925), in relation to that will. The suit properties, a tope, originally belonged to one Chinnathambia … given to two persons jointly, and one of them dies before the testator, the other legatees take the whole.Section 107.--If a legacy is given to legatees in words which show that the testator intended to give them distinct
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Shanti and ors. Vs. Bhagwani and ors.
Punjab and Haryana
Feb-14-1984
FamilyProperty
Indian Succession Act, 1925 - Sections 107 and 109; Hindu Succession Act, 1956
AIR1984P& H313
that since Ram Kishan legatee predeceased the testator that half share reverted to the estate of Raghunath under Section 107 of the Indian Succession Act, 1925 (hereinafter referred, to as 'the Act'), and, therefore, they were entitled to … 1. Whether the words 'any child' used is Section 109 of the Indian Succession Act, 1925 means 'one child only' or it can mean 'children' also, as the case may be, is the main
Tag this Judgment! AI Brief & AskMandala Madhava Rao Vs. Mandala Yadagiri and Others
Andhra Pradesh
Mar-31-2001
Family
Succession Act, 1925 - Sections 88; Code of Civil Procedure (CPC), 1908 - Sections 107 - Order XLI, Rules 26 and 27
2001(3)ALD577; 2001(3)ALT295
Supreme Court reiterated the above principles.20. Nextly, it is necessary to refer to Section 88 of the Indian Succession Act, 1925 (hereafter called 'the Succession Act'), which reads as under :Where two clauses or gifts in a Will are … appeal. In Mahavir Singh v. Naresh Chandra, 2000 AIR SCW 4000, the Supreme Court considered the scope of Section 107 CPC and Order XLI, Rule 27 CPC find held that the expression 'to enable it to pronounce judgments'
Tag this Judgment! AI Brief & AskHem Raj Vs. Mathra Das
Punjab and Haryana
Nov-29-1951
FamilyProperty
Succession Act, 1925 - Sections 106 and 107; Evidence Act, 1872 - Sections 57
AIR1952P& H197
left to such devisee lapses and there is intestacy to that extent. In the Indian Succession Act in Section 107 it is stated -'If a legacy is given to legatees in words which show that the testator intended … a half share under the Will, Ex. D. 1, as it was governed by Section 106 of the Succession Act and that the defendant was the sole heir of Rainsaran Das, the testator, and the plaintiff was not … of his estate in equal shares and gave certain other directions. In 1925 Ranji Das alias Ram Ratan Das died leaving a son Hem Raj,
Tag this Judgment! AI Brief & AskBalan Vs. Sivagiri Sree Narayana Dharma Sanghom Trust
Kerala
Nov-08-2005
Civil
Kerala High Court Act, 1958 - Sections 3, 5, 7, 207 and 207(1); Delhi High Court Act - Sections 10(1); Madhya Pradesh Letters Patent Act; Bombay Letters Patent Act; ;Code of Civil Procedure (CPC) , 1908 - Sections 2(9), 2(14), 23(3), 24, 104, 105, 141 and 151; Industrial Disputes Act - Sections 17B; Patna Letters Patent Act; Government of India Act, 1935 - Sections 107 and 223; Constitution of India - Articles 136, 225, 227 and 228; Succession Act, 1925 - Sections 299; Delhi Rent Control Act; Government of India Act, 1915 - Sections 39 and 108; Agriculturists Debt Relief Act, 1958 - Sections 7; Patents Act - Sections 104; Specific Relief Act - Sections 8; Karnataka High Court Act - Sections 4; Land Acquisition Act - Sections 54; Code of Criminal Procedure (CrPC) , 1898 - Sections
AIR2006Ker58; 2006(4)CTC273; [2006(2)JCR94]; 2005(4)KLT865
even though an order passed by a single Judge of the High Court under Section 299 of the Succession Act, 1925 is not strictly a decree, it will come within the scope of judgment under Letters Patent Clause 15. … revisional jurisdiction; and3) a sentence or order passed or made in exercise of power under the provisions of Section 107 of Government of India Act, 1935 (now Article 227 of the Constitution of India) or in exercise of
Tag this Judgment! AI Brief & AskShirish Popatlal Shah Vs. Arun Popatlal Shah
Mumbai
Jul-08-2016
Land Acquisition
A Will is proved if it meets the requirements of Sections 59, 61 and 63 of the Indian Succession Act, 1925. Section 59 says that a Will can be validly made by any adult of sound mind. The testamentary or … Shedage, (2002) 2 SCC 85).In Leela Rajagopal and Ors. v Kamala Menon Cocharan and Ors., (AIR 2015 SC 107)the Supreme Court said that an overall view is to be adopted; emphasis cannot be placed on a single
Tag this Judgment! AI Brief & AskSmt. Gita Devi Vs. Smt. Munder Devi
Allahabad
Apr-21-1980
FamilyProperty
Succession Act, 1925 - Sections 105, 107 and 109
AIR1980All372
direct the parties to bear their own costs. Family - inheritance - Sections 109, 107 and 105 of Succession Act, 1925 - the legatee died in the lifetime of her testator-mother leaving behind an issue - entitled under the … legatee takes the entire. The basis of this rule is the concept of joint tenancy between the legatees.7. Section 107 is another exception to Section 105, but is different from Section 106. Section 107 reads as under:--'107. If
Tag this Judgment! AI Brief & AskL.R. of Mishrimal Vs. L.Rs. of Sukh Lal and ors.
Rajasthan
Jul-14-2006
Tenancy
Rajasthan Premises (Control of Rent and Eviction) Act, 1950 - Sections 3, 3(7), 13(1) and 13(6); Hindu Succession Act, 1925 - Sections 3 and 30; Transfer of Property Act - Sections 6, 105, 107 and 108; Indian Succession Act, 1925 - Sections 8 and 59; Hindu Adoption and Maintenance Act, 1956 - Sections 22 and 22(2); Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 5, 5(11), 15 and 15(1); Civil Prodcedure Code - Sections 100 - Order 41, Rule 33; Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959; Delhi Rent Control Act; Hindu Law
RLW2006(4)Raj2890
disposition, any property capable of being so disposed of by him, in accordance with the provisions of Indian Succession Act, 1925, or any other law for the time being in force, and applicable to Hindus. Thus, even by language … of the provisions of the Transfer of Property Act, like Section 105, 107, Section 6, and Section 108 etc. it was sought to be contended, … The learned trial Court found the question of default in favour of the plaintiff and giving benefit of Section 13(6) of the Rajasthan Premises (Control of Rent and Eviction) Act (No. XVII 1950), hereafter to be referred
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