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K.R. Rajalakshmi Devi (Deceased) by L.Rs Vs. K.R. Chandrasekhar

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 59, 61, 63 and 289; Evidence Act, 1872 - Sections 3, 67 and 68; Registration Act, 1908 - Sections 45 and 47; Constitution of India - Article 136

Reported in : 1998(3)KarLJ634

circumstance by placing satisfactory evidence on record. The Supreme Court in the said decision held as follows: '(B) Succession Act (1925), Section 61 -- Will --Genuineness -- Proof -- Failure of plaintiff to remove suspicious circumstances by placing satisfactory material … daughter disclosed by the testator -- father, the Supreme Court held as hereunder: '(B) Constitution of India, Article 136 -- Will -- Proof --Finding of fact -- Interference -- Disinheritance amongst heirs of equal degree -- No

Kartar Kaur and anr. Vs. Milkho and ors.

Court : Supreme Court of India

Subject : Property

Acts : Succession Act, 1925 - Sections 63; Constitution of India - Articles 136 and 142

Reported in : 1996IXAD(SC)242; JT1996(10)SC511; 1996(7)SCALE935; (1996)11SCC626; [1996]Supp8SCR121

as it has an admixture of law due to the specific requirements of Section 63 of the Indian Succession Act, 1925 towards due execution.'17. In Bindeshri Prasad and Anr. v. Mst Baisakha Bibi and Ors. reported in AIR (1920) … technicalities can stand in the way of rendering complete justice to the parties while exercising jurisdiction under Article 136 and 142 of the Constitution of India. Accordingly, we hold that the two sale deeds in favour of

Dr. Mahesh Chand Sharma Vs. Smt. Raj Kumar Sharma and Others

Court : Supreme Court of India

Subject : Family

Acts : 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

Reported in : 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 … use of for his own unjust enrichment. This factor is relevant because these appeals are filed under Article 136 of the Constitution of India.(II) The alleged family settlement arrived at on January 27, 1955 was not a

Smt. P. Seshamma and ors. Vs. Dr. Patri Krupasagar and ors.

Court : Andhra Pradesh

Subject : Family

Acts : Succession Act, 1872 - Sections 213; Constitution of India - Article 136; Will-Succession Act, 1925 - Sections 63

Reported in : 1997(2)ALT182

& H). in which a Division Bench of the Punjab & Haryana High Court had observed as follows:-'Will-Succession Act, 1925, Section 63-Suspicious circumstances-Proof- Held that if any genuine reasonable or bona fide doubt is created regarding the execution of … on erroneous applications of principle of law, open to interference by Supreme Court - Constitution of India, Article 136'The learned Counsel further placed his reliance on a ruling in Harbans Singh v. Hardayal Singh, 1996 (3) ICC

Balwant Kaur and anr. Vs. Chanan Singh and ors.

Court : Supreme Court of India

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 88; Hindu Adoptions and Maintenance Act, 1956 - Sections 18, 19, 20, 21 and 22; Hindu Succession Act, 1956 - Sections 8 and 14(1); Constitution of India - Article 136

Reported in : 2000(3)CTC444; JT2000(5)SC102; (2000)3MLJ59(SC); (2000)126PLR469; 2000(3)SCALE332; (2000)6SCC310; 2000(2)LC1290(SC); AIR2000SC1908; [2000] 3 SCR 61

No. 1 but only conferred a life interest in the property to her. Section 88 of the Indian Succession Act, 1925 provides as follows: 88. The last of two inconsistent clauses prevails.- Where two clauses of gifts in a … nos. 1 to 4 herein have brought in challenge, on grant of special leave to appeal under Article 136 of the Constitution of India, the judgment rendered by learned Single Judge of the High Court decreeing the

Mrs. Elizabeth Antony Vs. Michel Charles John Chown Lengera

Court : Supreme Court of India

Subject : Family

Acts : Succession Act, 1925 - Sections 227, 263, 283, 284, 285 and 286; Constitution of India - Article 136

Reported in : AIR1990SC1576; JT1990(2)SC183; 1990(1)SCALE713; (1990)3SCC333; [1990]2SCR486; 1990(1)LC686(SC)

Madras High Court confirming the order passed by the Subordinate Judge, Nilgiris. The matter arises under the Indian Succession Act, 1925 ('Act' for short) and the facts that give rise to the petition are as follows:3. The testatrix Mary … about this probate proceeding. Under these circumstances, exercising our jurisdiction under Article 136 we do not see that it is expedient to acknowledge this probate … an interest in the property which is the subject-matter of the will and thus have caveatable interest.5. Under Section 283 of the Act, the District Judge or District Delegate may, if he thinks proper, issue citations calling

Lydia Agnes Rodriques Nee D'Cunha and Others Vs. Joseph Anthony D'Cunh ...

Court : Mumbai

Subject : Education

their siblings Mrs Annie D'souza, Mr Joseph D'Cunha and Mr Edwin D'Cunha as his heirs under the Indian Succession Act 1925 by which he was governed. Mrs Annie D'Souza expired on 5th July 1993 and is survived by petitioner … fraud committed by the respondents and/or their predecessor and is thus within time. Learned counsel submits that under Section 263 of the Indian Succession Act, grant of probate can be revoked if the just cause described therein … case of RameshchandraGanpatrao Hande v. Vithalrao Hande and Ors. (AIR 2011 BOMBAY 136) (Paragraph 15). Reasons and Conclusions : 17. Mr Menezes also distinguished the

Ka Riverretta Diengdoh Vs. Ka Trially Sara Rymbai and Another

Court : Guwahati

Subject : Land Acquisition

1. This appeal under Section 299 of the Indian Succession Act, 1925 (in short the 1925 Act), is directed against the judgment and order dated 22-9-2008 passed by the learned … Sections 74 to 92, Sections 95 to 98, Sections 101, 104 to 113, Sections 126 to 129, Sections 136, 137, 138, 140, Sections 152, 154 to 156, Sections 158 to 166, Sections 222 to 242, Sections 244,

Rajrani Sehgal Vs. Parshottam Lal and ors.

Court : Delhi

Subject : Property

Acts : Succession Act, 1925 - Sections 276

Reported in : 46(1992)DLT263

foregoing discussion. (29) There is support for interpreting the will in this manner also from the provisions of Section 136 of the Indian Succession Act, 1925 which provides as under: '138.Direction that fund be employed in particular manner … 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

Joyna John Vs. State and ors.

Court : Delhi

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 299/384, 276/279, 63; Evidence Act, 1872 - Section 68

1. The present appeal under section 299/384 of the Indian Succession Act, 1925 is directed against the order dated 02.07.2007 passed by learned Additional District Judge, whereby the learned Judge has … Sub Registrar Delhi vide document bearing No. 75173 in additional book No. III, Vol. No. 4056 at pages 136-137 on 05.11.1997 i.e. on the very same day when the same was executed by the father of the