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Mohanlal Dungarmal Futnani Vs. Vishanji Dungarmal Futnani and ors.

Court : Kolkata

Subject : PropertyArbitration

Acts : Indian Arbitration Act, 1940 - Sections 17, 30, 33, 34, 36, 39 and 41; ;Indian Succession Act, 1925 - Sections 211, 211(1), 213, 213(1), 299, 305, 307 and 307(1); ;Indian Succession Act, 1865 - Section 187; ;Evidence Act, 1872 - Sections 92 and 118; ;Indian Contract Act - Section 23; ;Probate Act - Section 187; ;Limitation Act, 1963 - Section 16; ;Limitation Act, 1908 - Section 17 and 17(1)

Reported in : AIR2001Cal122,(2001)3CALLT218(HC)

with a copy of an authenticated copy of the will annexed.'21. Prior to coming into force of Indian Succession Act, 1925, there was Indian Succession Act of 1865 and Section 187 thereof contained an identical provisions which is set … such an application within the time limited by law, the consequence laid down in the past part of Section 17 of the Act will follow.' 15. The following questions in the aforesaid case, were referred to the Full

K.R. Patel (Dead) Through Lrs. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11(1), 160, 168 and 256(1); Bombay Public Trust Act, 1950 Sections 17, 18, 19, 20, 21, 29 and 36; Indian Succession Act, 1925 - Sections 2, 211, 222, 302, 317 and 366; Mussalman Wakf Validating Act, 1913; Official Trustees Act, 1913 - Sections 7(6); Income Tax Act, 1922 - Sections 4(3), 41 and 176(4); Administrators General Act, 1963

Reported in : AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44

trustees as trustees under the terms of the Will as well as under Section 211(1) of the Indian Succession Act, 1925. It was also held that the trust was public trust. The trust was registered on December 29, 1964.7. … in July, 1962 disclosing total value of the estate as Rs. 19 lakhs. Assessment was completed on March 17, 1963 on a total value of the estate of Rs. 24 lakhs. The estate duty amounting to little

Janaki Amma and ors. Vs. Raveendra Menon and ors.

Court : Kerala

Subject : FamilyProperty

Acts : Contract Act, 1872 - Sections 17; Travancore Nayar Act, 1100 - Sections 22; Hindu Law; Succession Act, 1925 - Sections 111

Reported in : AIR1981Ker205

to a class of persons, then the thing bequeathed by the operation of Section 111 of the Indian Succession Act, 1925, goes only to persons belonging to that class as are alive at the testator's death. But to this … to gifts by near relations as brother, mother or paternal uncle. The change was first brought about by Section 17 of the Nair Act of 1088 to be later affirmed by the Nair Act of 1100 that so

Uma Vithal Jhaveri and Another Vs. Nikhil Vithal Jhaveri

Court : Mumbai

Subject : Education

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 … the respondent by not serving the citation upon the legal heirs of the said deceased, in view of section 17 of the Limitation Act, 1963, the petitioner is entitled to file petition under section 263 from the date

Ramniklal Amritlal Shah Vs. Bhupendra Impex Pvt. Ltd. and ors.

Court : Mumbai

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 21(1), 111 to 114, 212 and 213; Transfer of Property Act, 1882 - Sections 4 and 44; Partition Act, 1893 - Sections 4(1); Straits Settlements Limitation Ordinance Act, 1896 - Sections 17

Reported in : AIR2001Bom224; 2001(2)ALLMR592; 2001(2)BomCR479; (2001)1BOMLR670; 2001(2)MhLj536

was quick to point out that these Judgments were rendered prior to coming into force of the Indian Succession Act. 1925. and that the language used in sections 111 to 114 of the 1925 Act made a qualitative difference … Chetty,. Here, the Privy Council took the view that the words 'capable of instituting an action' used in section 17 of the Straits Settlements Limitation Ordinance of 1896 merely mean capable of institution an action in which a

Rukmani Bai (Decd) vs C.K.Lakshmipathy Naidu

Court : Chennai

genuineness of the will ought to have been proved in accordance with the Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872 respectively. Mere registration of the will does not dispense … respondents 2 to 5 are the grandsons of Krishnasamy Naidu.8. The testatrix Rukmani Bai Ammal passed away on 17.01.1988 atJabalpur. The plaintiff has originally filed probate proceedings through one advocate Amirthalingam in the year 1989. As the

Navnitlal Sakarlal Vs. Commissioner of Wealth-tax, Gujarat I

Court : Gujarat

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957

Reported in : [1977]106ITR512(Guj)

Tribunal. The Tribunal, after analysing the provisions of the will and discussing the relevant provisions of the Indian Succession Act, 1925, and the Act, held that the estate of deceased Balabhai vested absolutely in specified shares in the two … Act, 1956, which came into force on and with effect from June 17, 1956, made a radical departure in this behalf and since Balabhai, the … P.D. Desai J.1. This reference, made at the instance of the assessee under section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), relates to the assessment to wealth-tax

Pushpalatha N.V. W/O Nemraj Vs. V. Padma Widow of Vasantha Kumar D.N.,

Court : Karnataka

Subject : Family

Acts : Land Reforms Act, 1961; ;Hindu Succession Act, 1956 - Sections 3, 6, 6(1), 6(2), 6(3), 6(5), 6(A), 6(B), 6(C), 8, 14, 14(1), 29A and 30; ;Hindu Succession (Amendment) Act, 2005; ;Hindu Law of Inheritance Act, 1929; ;Hindu Women's Right to Property Act, 1937; ;Kerala Joint Hindu Family System (Abolition) Act, 1975; ;Indian Registration Act, 1908 - Section 17(1); ;Indian Succession Act, 1925; ;Hindu Succession (Karnataka Amendment) Act, 1990; ;General Clauses Act, 1897 - Section 6; ;Code of Civil Procedure (CPC) , 1908 - Section 144; ;Hindu Law; ;Constitution of India - Articles 13, 13(2), 14, 15, 15(1), 15(2), 15(3), 16, 20, 38, 39, 46, 245, 254, 254(1) and 254(2)

of being so disposed of by him or by her in accordance with the provisions of the Indian Succession Act, 1925 or any other law for the time being in force and applicable to Hindu. Explanation to that Section … judgment and decree of the trial Court, the plaintiff is to appeal.10. The said judgment was rendered on 17th January 2004. The Hindu Succession Act came to be amended by the Parliament by the Hindu Succession Act,

Dr. Mandakini Naik Vs. G.K. Naik and ors.

Court : Andhra Pradesh

Subject : FamilyProperty

Acts : Code of Civil Procedure (CPC) - Order 47, Rule 1; Indian Succession Act, 1925 - Sections 2; Indian Registration Act, 1877 - Sections 17; Hindu Succession Act, 1956 - Sections 30 and 119

Reported in : AIR2004AP525; 2004(2)ALD732; 2004(3)ALT829

'Wills' and cannot be marked as such.10. The word 'Will' is defined under Section 2(h) of the Indian Succession Act, 1925 (for short 'the Act'). Section 2(h) reads as follows:The legal declaration of the intention of the testator with … registered as being an authority to adopt a son, not conferred by a Will within the meaning of Section 17 of the Indian Registration Act, 1877.23. In Parvathy Nadachy, Umayaparvathy Nadachy v. Ramalekshmy Seethalekshmy Ammal, AIR 1956 Trav.-C.

Thilliammal, Vs. Thandavamurthy and ors.

Court : Karnataka

Subject : FamilyProperty

Acts : Mysore Hindu Law Women's Rights Act,1933 -Sections 2, 3, 4, 10(1), 10(2), 11, 12, 13, 16, 17, 18, 18(1), 18(2) and 21; Indian Succession Act, 1925 - Sections 5; Karnataka Rent Control Act, 1961 - Sections 19; Hindu Succession Act, 1956 - Sections 14 and 14(1); Hindu Women's Right to Property Act, 1937; Transfer of Property Act, 1882 - Sections 43

Reported in : ILR2008KAR819; ILR2008(1)Kar819; 2008(2)KCCRSN88; 2007(6)AIRKarR397; AIR2008NOC190; 2008AIHC446(Kar)

law on the question of migration which was also argued before me.The word 'domicile' finds place in Indian Succession Act, 1925. Section 5 of the Act, 1925, declares that succession to the immovable property in India of a person deceased … the Act declares that any person, male or female, inheriting 'Stridhana' property shall take therein a full estate. Section 17 of the Act sets out the rights of a holder of limited estate. Section 18 of the Act