Advanced Search Results

Smt. Rajrani Sehgal Vs. Dr. Parshottam Lal and Others

Court : Delhi

Subject : Family

Acts : Succession Act, 1925 - Sections 87, 82, 114, 138, 276 and 278; Evidence Act, 1872 - Sections 62, 63 and 68; Hindu Law

Reported in : AIR1992Delhi134

thereafter a petition for grant of probate/letter of administration under the provisions of Section 276/278 of the Indian Succession Act, 1925 (for short 'the Act) was filed by respondent No. I on the basis of a Will, dated 9th … the Will suffered from a legal infirmity inasmuch as it offended the rule against perpetuity as contemplated by Section 114 of the Act. The objection is elaborated by reference to the terms of the Will, (Ex. P-1) whereby

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

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

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 … declaration as to Will dated 06.09.1995, which he disputes, as not legal and binding and that it contravenes Section 114 of the Indian Succession Act; he also claims that in the event of declaration not being granted, the

Rajrani Sehgal Vs. Parshottam Lal and ors.

Court : Delhi

Subject : FamilyProperty

Acts : Evidence Act, 1872 - Sections 68

Reported in : 47(1992)DLT192; 1993(25)DRJ338; 1992RLR126

a petition for grant of probate/letter of administration under the provisions of section 276/ 278 of the Indian Succession Act, 1925 (for short 'the Act') was filed by respondent No.1 on the basis of a will, dated 9th September, … the will suffered from a legal infirmity inasmuch as it offended the rule against perpetuity as contemplated by section 114 of the Act. The objection is elaborated by reference to the terms of the will, (Ex.P.1) whereby as

T.N. Krishna Pillai S/O Nallaperumal, Vs. K. Nallaperumal S/O T.N. Kri ...

Court : Chennai

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 84, 87, 88, 97, 113, 114 and 138

Reported in : (2002)3MLJ667

ER 308 : 54 TLR 903. 5. This principle is also contained in Section 88 of the Indian Succession Act, 1925 which, together with its illustrations, provides as under: 'The last of two inconsistent clauses prevails:- Where two clauses … be void, unless it comprises the whole of the remaining interest of testator in the thing bequeathed.'Under Section 114:'No bequest is valid where by the vesting of the thing bequeathed may be delayed beyond the lifetime of

Ardeshir Dadabhoy Baria Vs. Dadabhoy Rustomjee Baria

Court : Mumbai

Subject : Family

Reported in : AIR1945Bom395; (1945)47BOMLR287

been a little less ambitious he could by following the third illustration to Section 114 of the Indian Succession Act, 1925, have achieved substantially what he wanted, unless indeed a recent decision of their Lordships of the Privy Council,

P.P. Sharma Vs. Smt. Swaran Lata

Court : Delhi

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 263, 268, 276, 280 and 281; Code of Civil Procedure (CPC) - Sections 114 - Order 47, Rule 1

Reported in : 150(2008)DLT328; 2008(102)DRJ627

and order of this Court dated 2.3.2005 in Probate Case No. 34/1988 under Section 263 of the Indian Succession Act, 1925 for the reasons set out in the petition? OPPII. To what relief, if any, is the petitioner entitled? … is the petitioner entitled? OPP14. The appellant herein filed an application being I.A. No. 10302 of 2006 under Section 114, Order 47 Rule 1 CPC for review and recall of order dated 4th August, 2006 as the appellant

S. Kaliyammal and ors. Vs. K. Palaniammal and ors.

Court : Chennai

Subject : Family

Acts : Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 114

Reported in : (1998)IIIMLJ361

will be no order as to costs. Family - will - Section 63 of Succession Act, 1925 and Section 114 of Evidence Act, 1872 - validity of will executed in favour of defendants challenged - averments in plaint … as it has a admixture of law due to the specific requirements of Section 63 of the Indian Succession Act, 1925 towards due execution. 1 am of the opinion that, only when the execution of the will is denied

Alagammal and ors. Vs. Rakkammal

Court : Chennai

Subject : Family

Acts : Evidence Act, 1872 - Sections 114; Succession Act - 1925 - Sections 57, 63, 213, 228 and 270

Reported in : AIR1982Mad354; (1991)IIMLJ86

cross-objections.24. Appeal dismissed. Family - genuineness of Will - Section 114 of Indian Evidence Act, 1872 and Hindu Succession Act, 1925 - Will attestor claimed to be friend and neighbour of Will executor - attestor unable to produce evidence

Edulji Framroj Dinshaw Vs. Sir Gawasji Jehangir

Court : Mumbai

Subject : Family

Reported in : (1955)57BOMLR763

of appointment under will-The Dispositions of Property (Bombay) Validation Act (Bom. LIV of 1947).;Section 113 of the Indian Succession Act, 1925, relates only to the quantum of interest which can be conferred upon unborn persona and is not a … must so exercise the power as not to transgress the rule against perpetuities, i.e. the rule contained in Section 114 of the Indian Succession Act. If the donees exercise the power contrary to that direction, the exercise of