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M. Sivagnanam (Died), Vs. S. Rajeswari,
Chennai
Jul-05-2002
FamilyProperty
Hindu Succession Act, 1956; Indian Succession Act, 1925 - Sections 119 and 120; Transfer of Property Act - Sections 19 and 21
(2002)3MLJ8
understood and construed in the light of the statutory rules governing the Will i.e. provisions of the Indian Succession Act, 1925 and therefore where a property was bequeathed to A for life and after his death to B, the … for life and after her death to the legal heirs of the testator. The Supreme Court held that Section 119 of Succession Act would apply. In fact, in this case, (cited supra) was also considered and the Supreme
Tag this Judgment! AI Brief & AskIn Re : Harish Agarwal
Allahabad
Aug-17-1999
Family
Indian Succession Act, 1925 - Sections 119, 232, 234, 235 and 253
1999(4)AWC3138
in the property under the Will and, as such, he has vested interest. Section 119 of the Indian Succession Act, 1925, provides that where by the terms of a bequest, the legatee is not entitled to immediate possession of
Tag this Judgment! AI Brief & AskDr. Mahesh Chand Sharma Vs. Smt. Raj Kumar Sharma and Others
Supreme Court of India
Dec-01-1995
Family
Succession Act, 1925 - Sections 111, 119 and 120; Constitution of India - Articles 133 and 136; Hindu Adoptions and Maintenance Act, 1956; Code of Civil Procedure (CPC) - Order 6 Rule 2; Hindu Succession Act 1956 - Sections 14 and 15
AIR1996SC869; JT1995(8)SC466; 1995(6)SCALE809; (1996)8SCC128; [1995]Supp6SCR41
house.(5) On the language of the 1942 Will, it is the exception to Section 111 of the Indian Succession Act, 1925 that applies and not Section 119 or for that matter Section 120. Since it was a bequest to
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Bay Berry Apartments Pvt. Ltd. and anr. Vs. Shobha and ors.
Supreme Court of India
Oct-19-2006
PropertyFamily
Hindu Succession Act, 1956 - Sections 4, 4(1), 6, 8 and 14(1); ;Limitation Act, 1963 - Schedule - Articles 49, 59 and 60; ;Code of Civil Procedure (CPC) - Order 7, Rule 7; Hindu Law of Inheritance (Amendment) Act, 1929; Indian Succession Act, 1925 - Sections 119; ;Transfer of Property Act - Sections 41; ;Constitution of India - Article 136
AIR2007SC226; 2007(1)AWC266(SC); (SCSuppl)2007(1)CHN68; JT2006(9)SC404; 2006(10)SCALE596
obtaining therein and in particular, having regard to terms of the Will and Section 119 of the Indian Succession Act, 1925, it was held:We are, therefore, of the opinion that by operation of law, i.e., by virtue of Section
Tag this Judgment! AI Brief & AskNanjappan and ors. Vs. Kandayammal @ Kandammal and ors.
Chennai
Apr-06-2006
PropertyFamily
Indian Succession Act, 1925 - Sections 119; Evidence Act - Sections 69; Code of Civil Procedure (CPC) - Order 20, Rule 12
2006(4)CTC408; (2006)3MLJ87
Will. The learned Counsel for the appellants has contended that in view of Section 119 of the Indian Succession Act, 1925, the bequest to the plaintiffs is not valid under law. 14. It is appropriate to extract Section 119
Tag this Judgment! AI Brief & AskM. Jana Bai W/O I. Krishnamurthy Naidu and P. Prema Bai Vs. M. Govardh ...
Karnataka
Jun-04-2007
FamilyProperty
Hindu Succession Act, 1956 - Sections 4(1) and 14, 14(1), 14(2) and 30; Indian Succession Act, 1925 - Sections 119
AIR2007Kant140; ILR2007KAR4338; 2007(6)KarLJ4239
understood and construed in the light of statutory rules governing the Will, viz., the provisions of the Indian Succession Act, 1925. Section 119 of the Act, which applies to the Will in question by its own force, says that where a
Tag this Judgment! AI Brief & AskRama Aziz Parpia and ors. Vs. Balkrishna K. Mehta and ors.
Mumbai
Aug-03-1992
Family
Indian Succession Act, 1925 - Sections 104 and 119; Bombay High Court (Original Side) Rules, 1980 - Rules 238 and 249
1993(1)BomCR267; (1993)95BOMLR951
are answered as follows :---Question No. 1 Yes, in view of sections 104 and 119 of the Indian Succession Act, 1925, and, particularly, following the principle indicated by the House of Lords in Cunliffe's case (supra), that the legatees … invested the net amount of Rs. 20,20,797/- in Capital Gains Bonds in order to get the benefit of section 54E of the Income-tax Act. The said amount remained invested in the bonds for a period of three
Tag this Judgment! AI Brief & AskSiddiq Ahmad and anr. Vs. Wilayat Ahmad and ors.
Allahabad
Sep-25-1951
Family
Oudh Courts Act, 1925 - Sections 12 and 12(2); Code of Civil Procedure (CPC) , 1908 - Sections 110; Transfer of Property Act, 1882 - Sections 10 and 19; Succession Act, 1925 - Sections 119; Muhammadan Law
AIR1952All1
- Muhammaden Law , Sections 10 and 19 of Transfer of Property Act, 1882 and Section 119 of Succession Act, 1925 - will by mohammedan in favour of his three sons and one grandson - deed contained stipulation that
Tag this Judgment! AI Brief & AskKokilambal and ors. Vs. N. Raman
Supreme Court of India
Apr-21-2005
PropertyCivil
Transfer of Property Act, 1882 - Sections 19 and 21; Indian Succession Act, 1925 - Sections 119 and 120; Hindu Law
AIR2005SC2468; 2005(4)ALD75(SC); 2005(5)ALLMR(SC)833; (SCSuppl)2005(4)CHN10; JT2005(4)SC618; 2005(2)KLT1007(SC); (2005)141PLR196; (2005)11SCC234
19 and 21 of the Transfer of Property Act, 1882 and Sections 119 and 120 of the Indian Succession Act, 1925. Their Lordships quoted a passage from Jarman on Wills ( 8th Ed. , Vol II at page 1390 … be given effect to. Sometimes there is absolute vesting and sometimes there is contingent vesting as contemplated in Sections 19 and 21 of the Transfer of Property Act, 1882. In order to ascertain the true intention of
Tag this Judgment! AI Brief & AskMadhukar Rajanna Darbhe Vs. Union of India (Uoi), Through the Secretar ...
Mumbai
Jun-22-2007
Property
Indian Succession Act, 1925 - Sections 2, 57, 213, 213(1) and 213(2); Succession Act, 1925 - Sections 3, 118 and 119; Indian Succession (Amendment) Act, 1962; Hindu Wills Act, 1870 - Sections 2; Indian Succession Act, 1865 - Sections 331; Hindu Disposition of Property Act, 1916; Constitution of India - Articles 14 and 19
2007(5)ALLMR339; 2008(2)BomCR418
Bombay. Section II extended certain Sections of Indian Succession Act, 1865, to Wills governed by Hindu Wills Act. Section 119 thereof which is pari materia with Section 213(1) of Succession Act 1925 read: -Section 119 -Right as executor … challenged in these 2 Writ Petitions on the ground that provisions of Section 57(a) and (b) of Indian Succession Act, 1925, violate Article 14 and 19 of the Constitution of India with prayer to hold that Probate is required
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