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Jan 08 1990

K.V. Krishna Veni and ors. Vs. K.K. Rajagopal and ors.

Court : Kerala

Decided on : Jan-08-1990

Subject : Property

Acts : Succession Act, 1925 - Sections 106, 107 and 109

Reported in : 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

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Mar 17 2004

Sunderlal Chourasiya Vs. Tejila Chourasiya and ors.

Court : Madhya Pradesh

Decided on : Mar-17-2004

Subject : Family

Acts : Succession Act, 1925 - Sections 107 and 109; Hindu Succession Act, 1956 - Sections 8

Reported in : 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

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Aug 24 1967

Sinnaraj Pillai and ors. Vs. Ramayee Ammal and anr.

Court : Chennai

Decided on : Aug-24-1967

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 106 and 107; Hindu Law; Limitation Act, 1908 - Schedule - Article 144

Reported in : 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

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Feb 14 1984

Shanti and ors. Vs. Bhagwani and ors.

Court : Punjab and Haryana

Decided on : Feb-14-1984

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 107 and 109; Hindu Succession Act, 1956

Reported in : 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

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Mar 31 2001

Mandala Madhava Rao Vs. Mandala Yadagiri and Others

Court : Andhra Pradesh

Decided on : Mar-31-2001

Subject : Family

Acts : Succession Act, 1925 - Sections 88; Code of Civil Procedure (CPC), 1908 - Sections 107 - Order XLI, Rules 26 and 27

Reported in : 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'

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Nov 29 1951

Hem Raj Vs. Mathra Das

Court : Punjab and Haryana

Decided on : Nov-29-1951

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 106 and 107; Evidence Act, 1872 - Sections 57

Reported in : 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,

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Nov 08 2005

Balan Vs. Sivagiri Sree Narayana Dharma Sanghom Trust

Court : Kerala

Decided on : Nov-08-2005

Subject : Civil

Acts : 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

Reported in : 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

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Jul 08 2016

Shirish Popatlal Shah Vs. Arun Popatlal Shah

Court : Mumbai

Decided on : Jul-08-2016

Subject : 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

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Apr 21 1980

Smt. Gita Devi Vs. Smt. Munder Devi

Court : Allahabad

Decided on : Apr-21-1980

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 105, 107 and 109

Reported in : 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

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Jul 14 2006

L.R. of Mishrimal Vs. L.Rs. of Sukh Lal and ors.

Court : Rajasthan

Decided on : Jul-14-2006

Subject : Tenancy

Acts : 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

Reported in : 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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