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Mirzban Darabshaw Surti Vs. Cedric Vaz and Another

Court : Mumbai

Subject : Land Acquisition

of the doctrine of election. This is reflected inter alia in Sections 187 and 188 of the Indian Succession Act, 1925: "Section 187: When acceptance of benefit given by Will constitutes election to take under Will Acceptance of a benefit given … be returned to the parties upon these being substituted with photocopies authenticated as true by their advocates. Indian Succession Act, 1925 - Section 187 and Section 188 – Probation of Will - Petitioner stated that deceased left a Will and he is

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

C.R. Ramachandra Gowder and ors. Vs. C.P. Nanjappa

Court : Chennai

Subject : Property

Acts : Income-tax Act - Sections 46(5); Indian Succession Act - Sections 187, 213 and 254 to 257

Reported in : AIR1973Mad179; (1973)1MLJ189

when the Will is not probated and no Letters of Administration with the will annexed had been granted. Section 187 of the Indian Succession Act corresponding to Section 213 of the Act XXXIX of 1925 was held to … a copy of the Will of Desai Gowder annexed either under Section 232 or 233 of the Indian Succession Act. The plaintiff's younger brother N. S. P. Desai has sworn to an affidavit stating that he has no … accordingly. Partnership-Partnership property-What is property purchased by a partner with monies of partnership-Whether partnership property;Succession Act (XXXIX of 1925), Section 213-Scope-Section complied with prior to decree-Probate obtained after suit-Makes no difference-Suit maintainable;On the questions raised as to (i)

Mrs. Lyla Darius Jehangir (Nee Ghaswala) Vs. Bakhtawar LentIn of Mumba ...

Court : Mumbai

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 74, 75, 80, 81, 82, 85, 86, 87, 88, 95, 104, 119, 187 and 188; Bombay High Court (Original Side) Rules, 1980 - Rules 223 and 238

Reported in : 2007(3)ALLMR171; 2007(1)BomCR915; (2007)109BOMLR107; 2007(1)MhLj545

to be construed by us, we deem it proper to refer to the relevant provisions of the Indian Succession Act, 1925, particularly Chapter VI of Part VI, which deals with the construction of Wills.Section 74 says that it is … attaining that age, moiety of the estate was made over by the executor. Flora married George Williams in 1878; the only issue of the marriage being a son born in 1883, who lived only for a few

Priyesh Vasudevan Vs. Shameena

Court : Kerala

Subject : Service

Acts : Kerala Education Act; ;Kerala Education Rules, 1959 - Rules 51A and 51B; ;Indian Majority Act, 1875 - Sections 3 and 4; ;Limitation Act, 1963 - Sections 6, 7 and 8; ;Limitation Act, 1908; ;Hindu Succession Act, 1956 - Sections 20; ;Indian Succession Act, 1925 - Sections 2, 7 and 112; ;Transfer of Property Act - Sections 13 and 20; ;Land Reforms Act - Sections 82; ;Kerala Service Act - Sections 4 and 5; ;Kerala Service Rules - Rules 60, 67 and 71; ;Indian Penal Code (IPC) - Sections 187 and 312 to 316; ;Constitution of India - Articles 14 and 16; ;Hindu Law; ;Civil Law

Reported in : 2005(4)KLT1003

vest in the child with effect from the date of the death of the intestate.'9. In the Indian Succession Act, 1925, 'minor' is defined under Section 2(e), which reads as follows:'(e) 'minor' means any person subject to the Indian … different legal contexts; e.g. in criminal law, murder includes the unlawful killing of a foetus (Cal. Penal Code Section 187), and the law of property considers the unborn child in being for all purposes which are to its

Jogendranath Banerjee Vs. Makhan Lal Banerjee and ors.

Court : Kolkata

Subject : FamilyProperty

Reported in : AIR1942Cal401

the defendant has to prove suoh person's right as legatee, he comes within the scope of Section 213, Succession Act, 1925 (Section 187 of the old Act 10 of 1865).19. In Ranjit Kumar v. Subodh Chandra : AIR1937Cal252 (D.N. Mitter and

Ganshamdoss Narayandoss Vs. Gulab Bi Bai

Court : Chennai

Subject : PropertyFamily

Reported in : AIR1927Mad1054; (1927)53MLJ709

person's rights as legatee, he comes within the scope of Section 213 of the Succession Act, XXXIX of 1925 (Section 187 of the old Act X of 1865) under which 'No right as legatee can he established in any

M. Vaidurayamma Vs. P. Suryanarayana and ors.

Court : Chennai

Subject : FamilyProperty

Reported in : (1997)1MLJ2

prove such persons's right as legatee, he comes within the scope of Section 213, Succession Act, 30 of 1925 (Section 187 of the old Act 10 of 1865) under which 'no right as legatee can be established in any … the learned author quoted above) or 'establish a right as legatee' (in the language of Section 213, Indian Succession Act, 1925) in himself or in some third person. It seems to me, therefore, that where the plaintiff's prima facie

Ranjit Kumar Bose Vs. Subodh Chandra Basu Mallik and ors.

Court : Kolkata

Subject : FamilyProperty

Reported in : AIR1937Cal252

wills are of the class specified in Section 57. It may be mentioned here that this Section 213, Succession Act (1925), corresponds to Section 187, Succession Act (1865). It becomes necessary to mention this in view of the fact

Sreemanthula Kesavachari (Died) Per L.R. Sreemanthula Rajeswaramma Vs. ...

Court : Andhra Pradesh

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 214 and 214(1); Legal Services Authorities Act, 1987 - Sections 22(3); Administrator General's Act, 1913 - Sections 31 and 32; Succession Certificate Act, 1889; Indian Penal Code (IPC) - Sections 193, 219 and 228; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; Code of Civil Procedure (CPC) - Order 21, Rule 51

Reported in : AIR2008AP74; 2007(6)ALD796; 2008(1)ALT1

Petition by observing that the petitioner failed to obtain a succession certificate under Section 214 of the Indian Succession Act, 1925, therefore, the objection raised by the Judgment Debtor was considered and the petitioner is directed to obtain succession … Section 214(1)(b) of the Indian Succession Act.In Mathura Prasad Jamuna Prasad v. Ghasi Ram @ Rajen 1997 M.P.L.J. 187, the M.P. High Court held that:Where the execution sought by the legal heirs of the decree holder after