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Sep 24 2008

Jamunabai Bhalchandra Bhoir and ors. Vs. Moreshwar Mukund Bhoir

Court : Mumbai

Decided on : Sep-24-2008

Subject : FamilyProperty

Acts : Hindu Succession Act, 1956 - Sections 14, 14(1) and 14(2); Hindu Women's Right to Properties Act, 1937 - Sections 3, 3(1), 3(2), 3(3) and 4; Evidence Act - Sections 114; Indian Succession Act, 1925; Bombay Land Revenue Code, 1879 - Sections 135; Maharashtra Land Revenue Code, 1966 - Sections 157; Hindu Law

Reported in : 2009(2)BomCR278

or other rule of succession descends to a single heir or to any property to which the Indian Succession Act, 1925, applies.Thus under Section 3(1), if Hindu dies intestate leaving separate property that separate property shall, devolve upon his … the defendant/appellant vehemently contended that the entries taken in the record of rights have got presumptive value under Section 157 of the Land Revenue Code and it can be presumed that entries are correct. According to him, no

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Jul 25 2012

Manek Dara Sukhadwalla Vs. Shernaz Faroukh Lawyer and Another

Court : Mumbai

Decided on : Jul-25-2012

Subject : Land Acquisition

of the remedy of filing an Application for revocation of the probate under Section 263 of the Indian Succession Act, 1925. 15. Learned Counsel then pointed out the judgment of the Apex Court in the case of G. Gopal … the Apex Court in the case of Jagjit Singh and Ors. Vs. Pamela Manmohan Singh ((2010) 5 SCC 157), wherein the Apex Court found that the views on the interpretation of the expression 'caveatable interest' as regards

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Mar 11 2005

Priyamvada Devi Birla (Since Deceased) Vs. Madhav Prasad Birla (Since ...

Court : Kolkata

Decided on : Mar-11-2005

Subject : Family

Acts : Hindu Succession Act, 1956 - Section 6, 8, 14, 15, 15(1), 15(2) and 15D; ;Indian Succession Act, 1925 - Sections 62, 211, 213, 214, 218, 263, 283 and 283(1); ;Probate and Letters of Administration Act - Section 64

Reported in : AIR2006Cal6

under Section 263 while caveatable interest is adjudged on the grounds mentioned in Section 283 of the Indian Succession Act 1925 (hereinafter referred to as the said Act). To be more precise under Section 263 of the said Act … other decisions reported in 2002 (1) Cal LT 260, : AIR1970Cal433 , : AIR1934All840 and AIR 1990 SC 157 (sic).29. Mr. P. K. Roy learned Senior Counsel appearing on behalf of the Yasha Bardhan Birla aptly supporting

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Feb 08 2007

Sunita Shivdasani Vs. Geeta Gidwani and anr.

Court : Delhi

Decided on : Feb-08-2007

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 … 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 … 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157-189 and 190.Restrictions and modifications in application of foregoing sections1. Nothing therein contained

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Jul 17 2020

V. Kalyanaswamy (D) by Lrs. Vs. L. Bakthavatsalam (D) Thr. Lrs. .

Court : Supreme Court of India

Decided on : Jul-17-2020

Subject : Land Acquisition

life estate holder. In this context, no doubt, we must clarify one aspect. Section 119 of the Indian Succession Act, 1925 (hereinafter referred to as the “Indian Succession Act’, for short) deals with the date of vesting of legacy … context that the observations in paragraph-10 of the judgment came to be made. The Court, after making the 157 CIVIL APPEAL NOS.1021-1026 OF2013 ETC. observations in paragraph-10, found that there was no effective partition by metes and

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Jan 02 2025

Gopal Krishan & Ors. versus Daulat Ram & Ors.

Court : Supreme Court of India

Decided on : Jan-02-2025

Subject : Land Acquisition

Reported in : [2025]1S.C.R.93

Testator-SR, had not been proved, thereby finding that the Lower Appellate Court had erred in holding otherwise. Headnotes† Succession Act, 1925 - s.63 - SR-Testator was the owner of 1/4th share of a land - The Testator had no … v. Chandrika and Ors. [2016] 3 SCR 1018 : (2016) 6 SCC 157 - referred to. Books and Periodicals Cited Justice G.P Singh’s treatise, ‘Principles … Testator and, therefore, the requirement stipulated u/s. 63 of the Act was not met - The language of Section 63(c) of the Act uses the word ‘OR’ - It states that each Will shall be attested by

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Aug 14 1981

H.H. Maharani Vijaykunverba Saheb Vs. Commissioner of Income-tax, Guja ...

Court : Gujarat

Decided on : Aug-14-1981

Subject : Direct Taxation

Acts : Income Tax Act 1961 - Sections 159, 168, 168(1), 168(2) and 168(4)

Reported in : (1982)1GLR212; [1982]136ITR18(Guj)

the relevant provisions of the income-tax were required to be read along with the provisions of the Indian Succession Act, 1925, and that since under the latter Act, only such estate vested in legal ownership in the executors in … are called the general executors (See Jarman on Wills, 8th Edn., p. 157, Williams on Executors and Administrators, 14th Edn., p. 19, Executors and Administrators, … is the income of the 'estate' of a deceased person and 'estate' for the purposes of the said section would mean the whole and not part of the estate, (iv) there was only one assessable entity, namely,

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Mar 18 2011

Ms. Anita Bishnu Vs. State Govt. of Nct of Delhi and Others

Court : Delhi

Decided on : Mar-18-2011

Subject : Family

Acts : Indian Succession Act, 1925 - Section 63

propounder of the Will has to prove its due execution, as provided under Section 63 of the Indian Succession Act, 1925. The Will of 14th August, 1972 (Ex.PW-1/2) is witnessed by the mother of the parties as well as … (died) through her L.R. Lakha Singh, 1997 (3) RCR Civil 193 (P&H;); Pratap Singh & Anr. v. State, 157 (2009) DLT 731; Smt. Indu Bala Bose and others vs. Munindra Chandra Bose & Anr., AIR 1982 SC

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Feb 22 2012

Pawan Jolly and Another Vs. State

Court : Delhi

Decided on : Feb-22-2012

Subject : Land Acquisition

MANMOHAN SINGH, J. 1. The petitioners filed the above-mentioned petition under Section 276 of the Indian Succession Act, 1925 for grant of probate in respect of the registered Will dated 05.02.1991 executed by deceased Shri Brij Bhushan … i.e. the register containing the Will of the deceased Shri B.B.Jolly as document No.606 on pages 153 to 157 in Book No.3, Volume No.588 on 05.02.1991 and proved the same. Shri A.K.Bajpai, Advocate was examined as PW.3.

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Apr 07 2005

Hindu Community in General and Citizens of Gobichettipalayam Senniappa ...

Court : Chennai

Decided on : Apr-07-2005

Subject : CivilFamily

Acts : Tamil Nadu Hindu Religious and Charitable Endowments Act - Sections 108; ;Indian Trusts Act; ;Indian Succession Act, 1925 - Sections 63; ;Hindu Succession Act, 1956 - Sections 8, 14 and 14(1); ;Evidence Act, 1872 - Sections 68; ;Code of Civil Procedure (CPC) , 1908 - Sections 80, 80(2), 92, 104(1) - Order 1, Rule 8 - Order 39, Rule 1 - Order 40, Rule 1 - Order 41, Rule 27; ;Hindu law

Reported in : (2005)3MLJ149

the special requirement of attestation prescribed in the case of a Will by Section 63 of the Indian Succession Act, 1925. The onus to prove the Will is on the propounder and in the absence of suspicious circumstances surrounding … has not been discharged. He referred to the evidence of fourth defendant (D.W.1), particularly in pages 156 and 157 and also the written statement filed by Rangammal in O.S. No. 590 of 1979 on the file of

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