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Palapala Seetharamaswamy Vs. Palapala Sujya Kumar

Court : Andhra Pradesh

Subject : Family

Acts : Transfer of property Act, 1982 - Sections 13, 97 and 113; Indian Succession Act, 1925 - Sections 97 and 113

Reported in : 2004(2)ALT308

for the plaintiff - respondents in the appeal, per contra had explained the different provisions of the Indian Succession Act, 1925 ( for short 'the Act') and also had placed reliance on a decision of the Madras High Court … 1949 Privy Council 244 2 and had submitted that especially in the light of the clear language of Section 113 of the Act, the said bequest is valid and binding. Hence both the Courts had recorded findings in

Susila Ammal Vs. Indiraniammal

Court : Chennai

Subject : Family

Acts : Succession Act, 1925 -- Sections 87, 88, 97, 113, 114 and 118; Hindu Succession Act, 1956 -- Sections 15

Reported in : 2000(4)CTC78

any particular line of the legatees. Learned counsel also relied oh the provisions of Sections 87, 88 and 113 of the Indian Succession Act and also the decision of the Supreme Court in N.Krishnaammal v. R.Ekambaram : … will were incongrous and offended the rule against perpetuity as set out in Section- 114 of the Indian Succession Act, 1925.6. Per contra, Mrs.Prabha Sridevan submitted that the concept of rule against perpetuity could not be brought in or

Framroze Dadabhoy Madon Vs. Tehmina

Court : Mumbai

Subject : PropertyFamily

Reported in : (1947)49BOMLR882

Privy Council upon the trusts of a will, declared to be void under Section 113 of the Indian Succession Act, 1925, applied, and he followed a decision of Mr. Justice Blagden in the case of Ardeshir Baria v. Dadabhoy

Kaliappan (Died) and Others Vs. A.K. Somasundaram (Died) and Others

Court : Chennai

Subject : Land Acquisition

with 'Transfer for Benefit of Unborn Person' is almost similar to that of Section 113 of the Indian Succession Act, 1925. It cannot be lost sight of that Section 13 of the Transfer of Property Act controls Section 113

T.B. Sri Rangi Vs. Asia Bai

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 111, 112 and 121

Reported in : AIR1959Mad475

as the disposition did not offend against the rules contained in Section 113 to 116 of the Indian Succession Act, 1925. (In a case of gift or other transfer Inter vivos subject to the provisions in Chapter H of

Sunkana Sivaram and anr. Vs. Thota Venkata Seshubai (Died) and ors.

Court : Andhra Pradesh

Subject : FamilyCivil

Acts : Indian Succession Act, 1925 - Sections 15, 75, 83, 84, 86, 87, 88, 93, 97, 112, 113, 114, 115, 116, 124 and 192 to 195; Hindu Succession Act, 1956 - Sections 15 and 15(2); Land Acquisition Act - Sections 18; Hindu Transfers and Bequests Acts, 1914; Hindu Disposition of Property Act, 1916; Hindu Transfers and Bequests (City of Madras) Act, 1921; Transfer of Property Act - Sections 13; Hindu Law; Code of Civil Procedure (CPC) - Order 1, Rule 10

Reported in : 2005(6)ALT264

by Sri Gadireddy Rama Rao and the validity thereof in the light of the provisions of the Indian Succession Act, 1925, hereinafter in short referred to as 'Act' for the purpose of convenience.2. Originally, the plaintiff Thota Venkata Seshu … and the while remaining interests of the residue had been bequeathed under the clause and the provisions of Section 113 had no operation on the clause of the Will. It was further held that assuming that Section 114

Aniruddha Mitra Vs. Administrator General Bengal

Court : Mumbai

Subject : Family

Reported in : (1949)51BOMLR971

Bengal.9. Before proceeding further, it will be convenient to refer to some of the provisions of the Indian Succession Act, 1925. That Act consists of 11 parts. Part VI relates to testamentary succession and comprises Sections 57 to 191. … from the estate to the extent to which they are not otherwise satisfied. Indian Succession Act (XXXIX of 1925), Section 115, ill. (i)-Members of class in existence at testator's death-Whether section applies only to such members-Construction of statute-Illustration.;The … the property shall, at such later time, go to that person, or, if he is dead, to his representatives.Section 113. Where a bequest is made to a person not in existence at the time of the testator's death,

Sarvjit Singh Sareen Vs. Mrs. Ritu Menon and ors.

Court : Delhi

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 57, 63, 87, 111, 112, 113, 114, 115, 116, 118, 119, 120and 138; Evidence Act 1872 - Sections 68; Uttar Pradesh Zamindari Abolition Act - Sections 169; Transfer of Property Act, 1882 - Sections 19 and 21; Hindu Law

Reported in : 166(2010)DLT242

proved by one of the attesting witness, Mr. Navneet Bansal in terms of Section 63 of the Indian Succession Act, 1925 read with Section 68 of the Indian Evidence Act 1872. It is urged that the contents of the … the property shall, at such later time, go to that person, or, if he is dead, to his representatives.Section 113. Where a bequest is made to a person not in existence at the time of the testator's death,

Rajah Malraju Venkata Rama Kondal Rao Bahadur Zamindar Varu Vs. Rani R ...

Court : Andhra Pradesh

Subject : FamilyProperty

Acts : Hindu Law; Succession Act, 1925 - Sections 113

Reported in : AIR1960AP509

the testator had in the three villages and therefore the provision is hit by Section 113 of the Succession Act. This section provides that a bequest to a person not in existence at the testator's death and subject … the will. The next case relied by appellant's counsel is Gulbaji Ajisigi and Co. v. Rustomji Kharsedji, AIR 1925 Bom 282(2), where certain properties were given to 'R' and a later clause of the will provided that

Aniruddha Mitra Vs. the Administrator General of Bengal and Others

Court : Privy Council

Subject : Education

Reported in : AIR1949PC244

[9] Before proceeding further, it will be convenient to refer to some of the provisions of the Indian Succession Act, 1925. That Act consists of 11 parts. Part VI relates to testamentary succession and comprises Ss. 57 to 191. … property shall, at such later time, go to that person, or, if he is dead, to his representatives. SECTION 113. Where a bequest is made to a person not in existence at the time of the Testator's death,