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M.V. Savitri Ammal Vs. Secretary, Revenue Department, Govt. of Madras

Court : Chennai

Subject : Family

Acts : Succession Act, 1925 - Sections 74, 129 and 130

Reported in : AIR1969Mad217

absolute owner' of the properties. 13. No costs. Family - estate - Sections 74, 129 and 130 of Succession Act, 1925 - condition apparent in Will that issueless daughter of testator should survive widow and enjoy properties - ultimate … properties in question. Her contention is that in the instant case the principle of the rule embodied in Section 130 of the Succession Act of 1925 (corresponding to Section 117 of the Act of 1865) should be applied.

The Secretary, Revenue Dept. Govt. of Madras Vs. M.V. Savitri Ammal

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 129 and 130; High Court Rules and Orders - Order 45, Rule 1

Reported in : AIR1970Mad471; (1970)2MLJ365

the present Will are those contained in Sections 129 and 130 of the Indian Succession Act (XXXIX of 1925). Section 129 applies to a that gift, for some reason, cannot take effect, a substitution is made by the … law, take effect and that she would be the heir at-law taking the whole estate under the Hindu Succession Act. 1956. Ramamurthi. J. held that there was an intestacy in respect of the gift over after the respondent

Delphine Ann Mascarenhas Vs. MervyIn J.A. Menezes and anr.

Court : Karnataka

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 88, 120, 121, 122, 123, 124, 125, 126, 127, 129, 130 and 131; Indian Succession Act, 1865 - Sections 111

Reported in : ILR2001KAR4883; 2001(6)KarLJ81

on the basis of the material on record and interpretation of Sections 124 and 131 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') held Issue Nos. 1 and 2 and Additional Issue Nos. and 2 … not lead any evidence. The Trial Court, on the basis of the material on record and interpretation of Sections 124 and 131 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') held Issue Nos. … in Sections 120, 121, 122, 123, 124, 125, 126, 127, 129 and 130'. 12. The undisputed facts disclose that the testator of the Will, the

Shirinbai Maneckshaw and ors. Vs. Nargacebai J. Motishaw and ors.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 67, 129 and 130

Reported in : AIR1956SC747; [1956]1SCR591

objects of the testator's bounty. In any event they contend that the case should rather be governed by section 130 than by section 129 of the Indian Succession Act. 6. The applicability of either section 129 or section … contention of the plaintiff was that the bequest to Shirinbai was void under section 67 of the Indian Succession Act. Certain other persons who also claimed to be the heirs of the testator were impleaded as pro forma … a single Judge that neither the rule in Shelley's case nor section 131 of the Law of Property Act, 1925, which abolished that rule, had any application to the bequest and that the widow was entitled to an

Nammalwar and ors. Vs. Appavu Udayar and ors.

Court : Chennai

Subject : Property

Acts : Evidence Act - Sections 90; Indian Succession Act - Sections 67, 117, 129 and 130; Madras Hindu Transfers and Bequests Act, 1914 - Sections 2(2); Code of Civil Procedure (CPC), 1908 - Sections 92; Hindu Law

Reported in : AIR1960Mad283

gifts--Gift in favour of charities only on failure of gift to grandsons in particular manner indicated in will-- Section 130 of Indian Succession Act (XXXIX of 1925)--Madras Hindu Transfers and Bequests Act (I of 1914)--Property vested in grandsons … though the prior bequest failed not in the manner contemplated by the testator, under S. 129 of the Succession Act the subsequent bequest in favour of the charity should take effect. For this purpose, he relied on the

Kissondas Premchand Vs. Jivatlal Pratapshi and Co.

Court : Mumbai

Subject : Commercial

Reported in : AIR1936Bom423; (1936)38BOMLR864

6 Bom. L.R. 853, doubted.;Mathuradas v. Raimal (1935) 37 Bom. L.R. 642, commented on.;Section 323 of the Indian Succession Act, 1925, merely lays down a rule of procedure that must be followed by an executor or administrator. It is … place of the creditors with respect to those payments'. (Williams, p. 647.)28. Gillespie v. Alexander (1826-27) 3 Russ. 130 is the leading authority upon the general rights of a creditor who comes late under the decree. The

Sunita Shivdasani Vs. Geeta Gidwani and anr.

Court : Delhi

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 57, 59, 61, 62, 63, 64, 65, 66, 68, 70, 71, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 95, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157 to 189 and 190; Hindu Wills Act, 1870 - Sections 2

Reported in : AIR2007Delhi242

Will.3. By the impugned order dated 22nd May, 2006, learned single Judge has held that under the Indian Succession Act, 1925 (hereinafter referred to as the Act for short), there can be Privileged and Unprivileged Wills. Unprivileged Wills must … 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, … Privileged and Unprivileged Wills. Unprivileged Wills must be in writing and should also comply with the requirements of Section 63 of the Act. Privileged Wills can be made by a soldier employed in an expedition or engaged

Gita Alias Gita Ravi Vs. Mary Jenet James Alias M.J. James and ors.

Court : Chennai

Subject : Family

Reported in : (1995)1MLJ467

of the will had to be proved in accordance with the provisions of Section 63 of the Indian Succession Act, 1925. The letters which had been written by Shri Mishra's clerk contained no mention whatsoever of any instructions having … Administration Act. It was held that the plaintiff was not entitled to the relief asked for and that Section 130 of the Indian Contract Act did not apply to the special contract of surety ship entered into by

Dolagovinda Pradhan and anr. and Basanta Kumar Biswal Vs. Bhartruhari ...

Court : Orissa

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 276; Code of Civil Procedure (CPC) , 1908 - Order 16, Rule 7; Evidence Act - Sections 130 and 131

Reported in : 1991(II)OLR395

39 of 1990 which is the same as Annexure-A to the petition Under Section 276 of the Indian Succession Act.(B) A petition under Order 16, Rule 5 read with Section 151, CPC calling for documents, the list of … and 131 of the Indian Evidence Act.8. Secs. 130 and 131 of the Indian Evidence Act run thus :'Section 130 : Production of title-deeds of witness not a party : No witness who is not a party to

Tajbi Abalal Desai Vs. Mowlakhan Alikhan Desai

Court : Mumbai

Subject : Property

Reported in : AIR1917Bom211; (1917)19BOMLR300

issue of such marriage is therefore legitimate.;Aizunnisa v. Karimmunissa (1895) I.L.R. 23 Cal. 130, dissented from. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [S.B. Sinha & Cyriac Joseph, JJ] Will Validity - Deceased, was a very