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B. Manjunatha Prabhu and ors. Vs. C.G. Srinivas and ors.

Court : Karnataka

Subject : FamilyProperty

Acts : Evidence Act, 1872 - Sections 115; Limitation Act, 1965 - Sections 137; Indian Succession Act, 1925 - Sections 222, 229 and 230

Reported in : AIR2005Kant136; ILR2005KAR467; 2005(4)KarLJ85

21st January 1983 on the file of the City Civil Judge, Bangalore under Section 276 of the Indian Succession Act, 1925 [hereinafter referred to as 'the Act'] seeking probate of the Will dated 20th April 1970 of late C.G. … from challenging the correctness of the Will Exhibit D1, at the belated stage. ;(B) LIMITATION ACT, 1965 - SECTION 137 - PROBATE PETITION - Initiated beyond the 3 years from the date of death of the testator -

Kunvarjeet Singh Khandpur Vs. Kirandeep Kaur and ors.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 2, 232, 264 and 278; Limitation Act, 1963 - Sections 4 and 5 - Scheudle - Articles 113, 120 and 137; Limitation Act, 1908 - Scheudle - Article 181; Code of Civil Procedure (CPC) , 1908; Telegraph Act

Reported in : AIR2008SC2058; 2008(2)AWC2024(SC); (SCSuppl)2008(2)CHN197; 2008(2)CTC850; 2008(2)KLT296(SC); (2008)4MLJ239(SC); 2008(6)SCALE112; (2008)8SCC463; 2008AIRSCW2726; 2008(8)SCC463; 2008(3)ICC263; MANU/SC/7451/2008

duty because of the nature of the proceedings it is a continuing right - Appeal dismissed. - INDIAN SUCCESSION ACT, 1925. Section 278: [Dr. Arijit Pasayat & P. Sathasivam, JJ] Application under Limitation Held, Any application to Civil Court made … and therefore was within time.5. The order was challenged before the High Court. Appellant's stand was that Article 137 of the Limitation Act, 1963 (in short 'Limitation Act') had application. It was submitted that Article 137 of

Adil Phiroz Makhania Vs. Dilip Gordhandas Gondalia and Another

Court : Mumbai

Subject : Education

probate granted almost 38 years ago cannot be revoked unless the requirement of Section 263 of the Indian Succession Act, 1925 are satisfied/justified. The case of the Appellant is that this Court should in terms of Section 263 of … Agarwal Versus Ashok Gupta and Ors. 2013 (4) Mh LJ 464 in support of his submission that article 137 is attracted to a petition for revocation of probate and or letters of administration and such petition has

Sri Raja Kakarlapudi Venkata Sudarsana Sundara Narasayyamma Garu (Died ...

Court : Andhra Pradesh

Subject : PropertyContract

Acts : Transfer of Property Act, 1882 - Sections 58 and 137; Contract Act, 1872 - Sections 172, 176 and 177; Succession Act, 1925 - Sections 211 and 213; Specific Relief Act, 1877 - Sections 42

Reported in : AIR1960AP273

- held, transaction amounts to pledge. (ii) Property - requirement of probate - Sections 211 and 213 of Succession Act, 1925 - suit by executor under will - whether probate is necessary before filing suit - property vests in … hereby created.'18. Under the Indian Law, unlike in England a share is not a mere chose in action. Section 137 of the Transfer of Property Act clearly states that Chapter VIII of the Act dealing with transfer of

Ramesh Nivrutti Bhagwat Vs. Dr. Surendra Manohar Parakhe

Court : Mumbai

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 228, 263 and 271; Limitation Act, 1963 - Schedule - Article 137

Reported in : AIR2001Bom461; (2001)3BOMLR750; 2001(4)MhLj375

convinced that the petition deserves to be dismissed and is hereby dismissed with costs.11. Certified copy expedited. Indian Succession Act, 1925 - Section 263 - Limitation Act, 1963 - Article 137 - Letters of Administration - Petition for revocation

Yogesh Duggal and ors. Vs. State and ors.

Court : Delhi

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 276, 278; Limitation Act - Article 137

Briefly stating the facts of the case are; the appellants filed a petition under Section 276 of Indian Succession Act, 1925 in November, 1994 for grant of probate of a Will dated 12.08.1971 of their mother Late Smt. Puran … probate was filed by the petitioners on 31.03.1993 i.e after more than 9 years of her death. Article 137 of the Limitation Act which is residuary article prescribes a limitation of three years for filing of an

ShirIn Baman Faramarzi of Bombay Zoroastrian Iranian Inhabitant Vs. Zu ...

Court : Mumbai

Subject : Education

at the stage of trial of the petition/suit. 8. Ms. Iyer placed reliance on section 222 of Indian Succession Act, 1925 in support of her submission that the probate can be granted only to the executor appointed by the … 11th December, 2012 i..e after there years after approval of cause of action and in view of Article 137 of Schedule I of the Limitation Act, 1963, Chamber Summons itself is barred by limitation and thus deserves

Uma Vithal Jhaveri and Another Vs. Nikhil Vithal Jhaveri

Court : Mumbai

Subject : Education

may, in my view section 263 of Indian Succession Act, 1925 will have to be read with Article 137 of Limitation Act, 1963. The question of considering the grounds raised in petition under section 263 will arise … years from the date of grant of probate by this court, such petition under section 263 of Indian Succession Act, 1925 is barred by law of limitation. Learned counsel placed reliance on paragraphs 12 and 13 of the said

Krishna Kumar Sharma Vs. Rajesh Kumar Sharma

Court : Supreme Court of India

Subject : FamilyLimitation

Acts : Indian Succession Act, 1925 - Sections 2, 264 and 276; Limitation Act, 1963 - Sections 4 and 5 - Schedule - Articles 113 and 137; Limitation Act, 1908 - Schedule - Articles 120 and 181; Telegraph Act; Code of Civil Procedure (CPC)

Reported in : AIR2009SC3247; 2009(4)ALT13; 2009(3)AWC2237(SC); JT2009(4)SC533; 2009(2)KLT149(SC); 2009(5)SCALE286; (2009)11SCC537:2009AIRSCW3275

other siblings of the appellant contested the petition moved by the appellant under Section 276 of the Indian Succession Act, 1925 (in short the `Act').The basic question before the High Court was whether Article 137 of the Indian Limitation

Raana Haripada Roy Vs. Subhash Chander Rewari

Court : Mumbai

Subject : Education

him to agitate the grant of probate. 5. Learned counsel placed reliance on section 230 of the Indian Succession Act, 1925 in support of his submission that the renunciation by the executor could not be done orally and it … May, 2006 whereas the petition has been filed after seven years for revocation. It is submitted that Article 137 of the Schedule I of the Limitation Act would apply. Since application for revocation of probate has been