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Jan 06 2003

Shri Mahadeo Shankar Shinde Vs. Shri Maruti Shankar Shinde and ors.

Court : Mumbai

Decided on : Jan-06-2003

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 180 to 189

Reported in : AIR2003Bom312; 2003(2)ALLMR559; 2003(4)BomCR645; 2003(2)MhLj446

of place to mention here that Chapter XXII of Part VI (Sections 180 to 189) of the Indian Succession Act, 1925 does contemplate the testator bequeathing the property not belonging to him and the effect thereof where the testator … from it at the pain of giving up the benefits conferred on him under the will. Heading to Section 182 of the Indian Succession Act reads: 'Testator's belief as to his ownership immaterial.' These provisions do show

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Jan 23 1967

Valliammai Achi Vs. Nagappa Chettiar and ors.

Court : Supreme Court of India

Decided on : Jan-23-1967

Subject : Family

Acts : Hindu Succession Act, 1956; Indian Succession Act, 1925 - Sections 180

Reported in : AIR1967SC1153; [1967]2SCR448

and is hereby dismissed with costs. 17. Appeals dismissed. Family - ancestral property - Section 180 of Indian Succession Act, 1925 and Hindu Succession Act, 1956 - one person X and his father formed joint family - X's father

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Jul 20 1962

P.A.T. Subbaraya Pillai Vs. Vaheesan, Minor and ors.

Court : Chennai

Decided on : Jul-20-1962

Subject : Family

Acts : Succession Act, 1925 - Sections 102, 152, 180 and 190

Reported in : AIR1963Mad405

of 1958 are also dismissed with costs. Family - partition - Sections 102, 152, 180 and 190 of Succession Act, 1925 - appeal against Order passed by Court below regarding recovery of legacies granted under will - Section 152

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Mar 21 1969

Mani Mani and ors. Vs. Mani Joshua

Court : Supreme Court of India

Decided on : Mar-21-1969

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 180

Reported in : AIR1969SC1311; (1969)1SCC828; [1970]1SCR71

of the trial court restored with costs in this Court. Property - ownership - Section 180 of Indian Succession Act, 1925 - respondent inherited property by will - claimed ownership of certain other properties - Trial Court observed that

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Apr 26 1963

Jessie Josephine Garrad (Decd.) and ors. Vs. Millicent Ann Harding

Court : Chennai

Decided on : Apr-26-1963

Subject : Family

Acts : Succession Act, 1925 - Sections 180 and 360; State Railway Provident Fund Rules - Rule 14(6)

Reported in : AIR1964Mad227

court. There will be no order as to costs. Family - will - Sections 180 and 360 of Succession Act, 1925 and Rule 14 (6) of State Railway Provident Fund Rules - clear intention manifested by terms of will … contribution to provident fund but other assets admittedly owned by the deceased. Under the circumstances, the provisions of Section 180 of the Indian Succession Act, would come into operation.'The learned Judge proceeded to examine that provision of the

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Jul 24 1953

Paru Kutty Amma and ors. Vs. Chettath Navoth Lakshmi Amma and ors.

Court : Chennai

Decided on : Jul-24-1953

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 180; Transfer of Property Act, 1882 - Sections 35

Reported in : AIR1954Mad556

with costs to be paid by respondents 1 to 4. Property - contesting Will - Section 180 of Succession Act, 1925 and Section 35 of Transfer of Property Act, 1882 - revision petition against Order of Subordinate Judge directing

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Mar 15 2001

Mohanlal Dungarmal Futnani Vs. Vishanji Dungarmal Futnani and ors.

Court : Kolkata

Decided on : Mar-15-2001

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 … of the Will under which the right is claimed, or shall have granted letters of administration under Section 180.'22. Scrutiny of a long catena of cases reveals that this Court has consistently taken the view that an

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Sep 17 2013

Raana Haripada Roy Vs. Subhash Chander Rewari

Court : Mumbai

Decided on : Sep-17-2013

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 … court in case of Nina Agarwalla vs. Ashok Gupta delivered on 10th May, 2013 in Appeal (L) No. 180 of 2013 and Appeal (L) No.181 of 2013 and in particular paragraph 13 of the said judgment. Paragraph

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May 19 2016

Harsh Vardhan Lodha and Ors. Vs. Ajay Kumar Newar and Ors.

Court : Kolkata

Decided on : May-19-2016

Subject : Land Acquisition

it is the duty of the testamentary Court to pass necessary order under Section 247 of the Indian Succession Act for safe preservation of the shares belonging to the estate of Priyamvada Devi Birla and also for proper … to preserve and protect the estate of the deceased under Sections 247 and 269 of the Indian Successions Act, 1925. He further contended that the decision cited by Mr. Mitra, in the case of Bharat Petroleum Corporation Ltd. … the companies Act has imposed certain restriction on exercise of the power by the Board of Directors in Section 180 of the companies Act. But since the applicants do not complain of violation of any of the provisions

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Feb 06 2015

M. Narayanamma Vs. Lakshmidevi and Others

Court : Karnataka

Decided on : Feb-06-2015

Subject : Land Acquisition

the subject. The relevant provisions of law are extracted hereunder for ready reference. Section 63(c) of the Indian Succession Act, 1925 “63(c). The Will shall be attested by two or more witnesses, each of whom has seen the testator … produced the correct position is as stated in Bassant Singh v. Brij Rai Saran Singh, 67 Ind App 180 + (AIR 1935 PC132) where the Privy Council laid down that if the document produced is a copy

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