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Aug 14 1975

Mary Assumption Trinidade Etc. Vs. Vincent Manuel Trinidade and ors.

Court : Delhi

Decided on : Aug-14-1975

Subject : FamilyProperty

Acts : Delhi High Court Act, 1966 - Sections 5(2); Succession Act, 1925 - Sections 2 and 273; Code of Civil Procedure (CPC), 1908 - Order 2, Rule 2; General Clauses Act, 1897 - Sections 3(28)

Reported in : ILR1976Delhi95

effect of the aforesaid conclusion, it was held, negativing the contention of the respondents herein that the Indian Succession Act, 1925 did not then extend to Goa that on the annexation of Goa, the Succession Act was automatically extended … District Judge had no jurisdiction to entertain the petition for the grant in view of the provisions of sub-section (2) of Section 5 of the Delhi High Court Act, 1966, as amended.(15) Before dealing with the various questions

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Dec 12 1994

ishwarsingh S/O Chunnusingh and ors. Vs. Krishnabai W/O Chunnusingh an ...

Court : Mumbai

Decided on : Dec-12-1994

Subject : LimitationCivil

Acts : Indian Succession Act, 1925 - Sections 196, 197 and 205; Limitation Act, 1963 - Sections 5 and 29(2); Code of Civil Procedure (CPC) , 1908 - Sections 115

Reported in : 1995(3)BomCR156; (1995)97BOMLR200

section 5 of the Limitation Act is applicable to a proceeding instituted under Chapter VII of the Indian Succession Act, 1925.2. Ishwarsingh Chunnusingh and five others submitted an application purporting to be under sections 192 and 195 of the

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Aug 18 2006

Prabir Kumar Das Vs. Smt. Jayanti Das and anr.

Court : Kolkata

Decided on : Aug-18-2006

Subject : CivilFamily

Acts : City Civil Court Act, 1953 - Sections 2(3), 5, 5(1) and 5(3); ;Indian Succession Act, 1925 - Sections 2, 270, 300 and 300(1); ;Guardians and Wards Act, 1890; ;Indian Lunacy Act, 1912; ;City Civil Court (Amendment) Act, 1980

Reported in : (2007)1CALLT227(HC)

of 1890)(ii) X X X X X X(iii) the Indian Lunacy Act, 1912 (39 of 1925)(iv) the Indian Succession Act, 1925 (39 of 1925)7. Sub-section (1) of Section 300 of the said Act of 1925 empowers the High Court … filed by the elder son for dismissal of the application for letters of administration being P.L.A.N0. 355 of 2001 on the ground that this Court lacked territorial Jurisdiction to entertain the said application. The application for letters

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Oct 12 1992

In Re: Anthony Fernandes and ors.

Court : Mumbai

Decided on : Oct-12-1992

Subject : Civil

Acts : Succession Act, 1925 - Sections 2 and 390; Code of Civil Procedure (CPC) , 1908 - Sections 2(4)

Reported in : 1993(1)BomCR580

Shri Bapat saw me in Chamber and invited my attention to the standard commentary of Paruck's. The Indian Succession Act, 1925 (7th Edition) at page 613 reading inter alia as under :'Bombay Regulation No. VIII of 1827 is not … 372 of the Constitution of India and the same is not yet repealed expressly or by necessary implication. Section 390 of the Indian Succession Act, 1925 provides that the provisions of Indian Succession Act, 1925 listed in … 16th December, 1989. Smt. Olive Fernandes, wife of the deceased died on 29th September, 1989. The petitioners are children of the deceased. The deceased was

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Apr 16 2008

Sri J.T. Surappa and anr. Vs. Sri Satchidhanandendra Saraswathi Swamij ...

Court : Karnataka

Decided on : Apr-16-2008

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 2, 63 and 295; Evidence Act - Sections 68; Indian Registration Act, 1908; Transfer of Property Act - Sections 3; Code of Civil Procedure (CPC) , 1908

Reported in : ILR2008KAR2115; 2008(3)KLT150; 2008(3)KCCR1484; 2008(4)AIRKarR480; AIR2008NOC2433; 2008AIHC3029(Kar)

the letters of administration sought for. Hence, I pass the following order:Suit is dismissed. No costs. (A) Indian Succession Act, 1925 - Section 2(h) - Will - Proof of - Legal requirements - Duty of the Court - Five steps to

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Mar 13 2001

N. Ramaiah Vs. Nagaraj S. and Another

Court : Karnataka

Decided on : Mar-13-2001

Subject : FamilyProperty

Acts : Transfer of Property Act, 1882 - Sections 5; Indian Sucession Act, 1925 - Sections 2, 59 and 63; Hindu Succession Act, 1956 - Sections 30; Code of Civil Procedure (CPC), 1908 - Order 39, Rule 1 - Order 1, Rule 3

Reported in : AIR2001Kant395; ILR2001KAR3466; 2001(4)KarLJ12

more living persons. The provisions of TP Act are inapplicable to testamentary successions which are governed by Indian Succession Act, 1925. Section 2(h) of the Indian Succession Act defines 'Will' as the legal declaration of the intention of a testator

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Apr 03 2008

Kunvarjeet Singh Khandpur Vs. Kirandeep Kaur and ors.

Court : Supreme Court of India

Decided on : Apr-03-2008

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 2, 232, 264 and 278; Limitation Act, 1963 - Sections 4 and 5 - Scheudle - Articles 113, 120 and 137; Limitation Act, 1908 - Scheudle - Article 181; Code of Civil Procedure (CPC) , 1908; Telegraph Act

Reported in : AIR2008SC2058; 2008(2)AWC2024(SC); (SCSuppl)2008(2)CHN197; 2008(2)CTC850; 2008(2)KLT296(SC); (2008)4MLJ239(SC); 2008(6)SCALE112; (2008)8SCC463; 2008AIRSCW2726; 2008(8)SCC463; 2008(3)ICC263; MANU/SC/7451/2008

duty because of the nature of the proceedings it is a continuing right - Appeal dismissed. - INDIAN SUCCESSION ACT, 1925. Section 278: [Dr. Arijit Pasayat & P. Sathasivam, JJ] Application under Limitation Held, Any application to Civil Court made … Arijit Pasayat, J. 1. Leave granted. 2. Challenge in this appeal is to the judgment of a learned Single Judge of the Delhi High Court

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May 15 2007

Ms. Sumitra Devi and ors. Vs. State and ors.

Court : Delhi

Decided on : May-15-2007

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 2 and 63; Indian Succession Act, 1865 - Sections 50; Evidence Act, 1872 - Sections 68

Reported in : 2007(98)DRJ617

it would be pertinent to note the relevant statutory provisions in this regard.3. Section 2(h) of the Indian Succession Act, 1925 (the Act) gives the definition of a 'Will'. It reads as under:2(h) 'Will' means the legal declaration of

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Sep 21 1992

Pradeep Kantilal Shroff Vs. Khorshed Kersap Aga and anr.

Court : Mumbai

Decided on : Sep-21-1992

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 2

Reported in : 1993(1)BomCR292; (1993)95BOMLR964

the petition is liable to be considered as 'Will' within the meaning of section 2(h) of the Indian Succession Act, 1925. If the Court comes to the conclusion that the impugned document on it's construction does not amount to

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Nov 25 2003

Bhagat Ram and anr. Vs. Suresh and ors.

Court : Supreme Court of India

Decided on : Nov-25-2003

Subject : PropertyFamily

Acts : Evidence Act, 1872 - Sections 68; Indian Succession Act, 1925 - Sections 2, 63 and 70; Indian Registration Act, 1908 - Sections 58 and 59

Reported in : AIR2004SC436; 2004(2)AWC1179(SC); (SCSuppl)2003(2)CHN144; 98(2004)CLT114(SC); [2004(2)JCR150(SC)]; 2003(10)SCALE13; (2003)12SCC35

Act?Question-1:11. 'Will' and 'codicil' are defined respectively in Clauses (h) and (b) of Section 2 of the Indian Succession Act, 1925 as under:-'(h) 'will' means the legal declaration of the intention of a testator with respect to his property

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