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Rajanikant Mansukhlal Vs. Kiko Ratilal

Court : Mumbai

Subject : Property

Reported in : AIR1932Bom506; (1932)34BOMLR1124; 140Ind.Cas.206

of the land were demonstrative legacies and fell within Section 150 and not Section 142 of the Indian Succession Act, 1925 :;Calow v. Calow [1928] 1 Ch. 710, Page v. Leapingwell (1812) 18 Ves. Jun. 463, and Fryer v.

Bhagirathibai Vs. the Advocate General of Bombay

Court : Mumbai

Subject : Family

Reported in : (1937)39BOMLR497

on a proper construction of the above clauses there is a specific bequest. Section 142 of the Indian Succession Act defines ' specific legacy' in the following terms :Where the testator bequeaths to any person a specified part … administration of the estate of the late Ramchandra Lalji who died in 1925 and the construction of his will dated August 12, 1924. Question No. … annuity of 500 rupees out of the rents of his zamindari of W. This is a specific bequest.5. Section 150 of the said Act defines 'demonstrative legacy' in these terms :Where the testator bequeaths a certain sum of

Rani Pravabati Roy and ors. Vs. Saileshnath Roy and ors.

Court : Kolkata

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 142, 150, 202 and 214; ;Contract Act, 1872 - Section 56

Reported in : AIR1978Cal147

v. Ashutosh Mukherjee it has been held that the Court in exercising jurisdiction under Section 202 of the Succession Act, 1925 is acting in pursuance of the testamentary and intestate jurisdiction with which it is vested and not of … distinguished from the other properties left by the testator. The legacy falls under Illustrations 2 and 3 of Section 150 of the Succession Act and Illustration 7 of Section 142 of the Succession Act. It has been urged

E.i. Ltd. and anr. Vs. Klaus Mittelbachert (Deceased) Through L.Rs.

Court : Delhi

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 306

Reported in : 2002ACJ549; AIR2002Delhi124; 95(2002)DLT617; 2002(62)DRJ476

prosecuting the suit. 10. Learned Single Judge after referring to the provisions of Section 306 of the Indian Succession Act, 1925 and to the judgment of Supreme Court in M. Veerappa v. Eyelyn Sequeira and Ors. : [1988]2SCR606 held

Pandraj Kunjilal Sadh (Deceased) and Rai Kumar Sadh Vs. Santosh Kumari ...

Court : Kolkata

Subject : Land Acquisition

been taken away is the jurisdiction of this Court to try and entertain the proceeding under the Indian Succession Act, 1925 and such jurisdiction has been conferred upon the City Civil Court at Calcutta. According to Mr. Deb, apart … the Indian Succession Act are resorted to, the jurisdiction of this Court which earlier existed by virtue of Section 300 of the Act is now excluded by operation of the 1980 Amendment and such jurisdiction is now … to the estate within the jurisdiction of such Court. “Letters Patent, 1865 Cl. 34. Testamentary and intestate jurisdiction. And We do further ordain, that the

Controller of Estate Duty Vs. K. Radhakrishnan

Court : Kerala

Subject : Direct Taxation

Acts : Estate Duty Act, 1953; Indian Succession Act - Sections 82

Reported in : [1998]232ITR879(Ker)

has to be gathered by reading the whole recitals contained in the will. Section 82 of the Indian Succession Act, 1925, provided that the meaning of any Clause in a will is to be collected from the entire instrument … rather lean towards that construction which preserves, than towards that which destroys.'(See : Langston v. Langston [1834] 2 CL 194. The principle is in consonance with the maxim 'ut res magis valeat quam pereat' (It is better

Controller of Estate Duty, Bombay City-iii Vs. Bai Suntokbai Damodar G ...

Court : Mumbai

Subject : Direct Taxation

Acts : Succession Act, 1925 - Sections 57, 82, 88 and 121

Reported in : (1980)15CTR(Bom)116; [1981]132ITR223(Bom); [1980]3TAXMAN42(Bom)

19, 1913. This will was executed in Bombay. Accordingly, under clause (a) of s. 57 of the Indian Succession Act, 1925, the provisions of Pt. VI of the said Act set out in Sch. III thereto, subject to the … the said Act set out in Sch. III thereto, subject to the restrictions and modifications specified therein, apply. Section 82 of the said Act provided that the meaning of any clause in a will is to be … Prabhuram Dewkrishana as the executrix and executors of the said will. In cl.2 he set out the movable and immovable properties which he possessed. By

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 … mother did not intend to reside in the said first floor, the son was to pay her Rs. 150 per month as maintenance allowance. Provision was made for the marriage of the youngest daughter. It was affirmed

Ms. Grace Shanthappa Vs. Vijay Shroff and ors.

Court : Karnataka

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 142 and 150

Reported in : AIR2004Kant363; II(2005)BC96; 2004(5)KarLJ376

is a demonstrative legacy. He has relied upon the provisions of Sections 142 and 150 of the Indian Succession Act, which deals with specific and demonstrative legacy and has also relied upon the decision of the High Court … the undermentioned for their sole use and benefit.'22. The testator has bequeathed 1925 shares of Suraiya Bros. to 23 persons including plaintiff, who has been … the specified kind, to an equal or greater amount than the amount bequeathed.'15. Demonstrative Legacy is defined in Section 150 of the Act as follows :--'Where a testator bequeaths certain sum of money, or certain quantity of any

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 … following judgments:-1. Rajesh Sharma v. Krishna Kumar Sharma, 143 (2007) DLT 216;2. Afzal-Ur-Rehman Khan v. State & Anr., 150(2008) DLT 185;3. Ashok Kumar Dua v. Ranbir Kumar Dua, 151 (2008) DLT 469;4. K.L.Malhotra v. Sudershan Kumari &