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Dec 16 2010

Bilquis ZakiuddIn Bandookwala and Others Vs. Shehnaz Shabbir Bandukwal ...

Court : Mumbai

Decided on : Dec-16-2010

Subject : Family

Acts : Code of Civil Procedure (CPC) - Order 47; Special Marriage Act, 1954 - Section 21; Indian Succession Act - Sections 29, 31 to 40, 57, 213(2), 63

the Act thus:"21. Succession to property of parties married under Act._ Notwithstanding any restrictions contained in the Indian Succession Act, 1925, with respect to its application to members of certain communities, succession to the property of any person whose … 8. The consequences of registration of the marriages under the Special Marriage Act, 1954, are set out in Section 21 of the Act thus:"21. Succession to property of parties married under Act._ Notwithstanding any restrictions contained in the

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Mar 14 1961

In Re: Hasima Latifi and ors.

Court : Mumbai

Decided on : Mar-14-1961

Subject : Family

Acts : Succession Act, 1925 - Sections 212, 213, 213(1), 213(2), 370 and 370(1); Special Marriage Act, 1954 - Sections 21; Succession Act, 1925 - Sections 5(2) and 324(1)

Reported in : AIR1962Bom227; (1961)63BOMLR940

and that because of that reason succession to his property is regulated by the provisions of the Indian Succession Act, 1925. As regards the statement of fact contained in that paragraph there is obviously some mistake, because it has … succession certificate to any property of the deceased could not be issued in view of the provisions of Section 21 of the Special Marriage Act, and that only probate of the said will could be applied for and

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Apr 06 2005

Subhadra Rani Pal Choudhary Vs. Sheirly Weigal NaIn and ors.

Court : Supreme Court of India

Decided on : Apr-06-2005

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 211, 227 and 247; Code of Civil Procedure (CPC) , 1908 - Sections 51 - Order 40, Rule 1; Specific Relief Act, 1963 - Sections 21 and 22(2)

Reported in : AIR2005SC3011; (2006)1CALLT79(SC); (SCSuppl)2005(3)CHN92; JT2005(4)SC222; (2005)141PLR99; (2005)5SCC230

the sisters. In this connection, our attention was invited to Sections 211, 227 and 247 of the Indian Succession Act, 1925. The said sections are reproduced below:' 211. Character and property of executor or administrator as such.- (1) The … could not provide more accommodation to admit number of students and suffered loss. She invited our attention to Section 21 of Specific Relief Act, and contended that damages should be granted. This argument is devoid of any merit

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Aug 05 1999

Km. Rakhi and Another Vs. Ist Additional District Judge, Firozabad and ...

Court : Allahabad

Decided on : Aug-05-1999

Subject : FamilyCivil

Acts : Indian Succession Act, 1925 - Sections 371; Code of Civil Procedure (CPC), 1908 - Sections 21, 21(1), 21A and 99 - Order XVIII, Rule 17A - Order XXXIII, Rule 1 - Order XLI, Rule 27; Suit Valuation Act - Sections 11; Indian Succession Act, 1925 - Sections 379(2)(3) and 388; Court-fees Act, 1870 - Schedule-I, Article 12; Hindu Adoptions and Maintenance Act, 1956 - Sections 10 and 16; Guardians and Wards Act, 1890 - Sections 25 (1)

Reported in : 2000(1)AWC323

(i) Civil - jurisdiction - Section 371 of Indian Succession Act , 1925 , Sections 21, 21A and 99 of Code of Civil Procedure,1908 and … should be remanded for fresh decision. He then contends that by reason of Section 379 of the Indian Succession Act, the application for Succession Certificate should have accompanied by a deposit of a sum equivalent to the court … entertained the said objection and had decided the same. Therefore, it would not hit by the mischief of Section 21 of the Code of Civil Procedure. Since the trial court had come to an adverse finding with regard

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Dec 13 2000

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

Court : Mumbai

Decided on : Dec-13-2000

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 … have a prima facie case in his favour in view of Section 213 of the Indian Succession Act. He also took the view that the … Madhuben @ Mridulaben Amritlal Shah who had filed the suit before this Court. The suit was filed invoking Section 44 of the Transfer of Property Act and Section 4 of the Partition Act, 1893. The case was

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Sep 15 2009

Fgp Ltd. Vs. Saleh Hooseini Doctor and anr.

Court : Supreme Court of India

Decided on : Sep-15-2009

Subject : TenancyContract

Acts : Maharashtra Rent Control Act, 1999; Bombay Rent Act, 1947; Special Marriage Act; Indian Succession Act, 1925 - Sections 21, 105, 211, 213, 213(2), 216, 222, 232 and 234; Transfer of Property Act - Sections 53A; Income-tax Act - Sections 230A; Transfer of Property (Amendment) Act, 1929; Evidence Act - Sections 116; Code of Civil Procedure (CPC) - Sections 2(11); Constitution of India - Article 136

Reported in : 2010(1)ALT3(SC); JT2009(12)SC210; RLW2010(1)SC434; 2009(12)SCALE516; (2009)10SCC223; 2009(9)LC4445(SC); 2009AIRSCW6026; 2009(5)LHSC3282

21 of the said Act, the property of the parties shall be regulated under the provisions of Indian Succession Act, 1925. It was further urged that as a result of the necessary corollary of the same, the provisions of … registration, be deemed to be a marriage solemnized under the said Act and as a consequence thereof under Section 21 of the said Act, the property of the parties shall be regulated under the provisions of Indian Succession

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Aug 17 1962

Life Insurance Corporation of India Vs. Tada Tirupathayya

Court : Andhra Pradesh

Decided on : Aug-17-1962

Subject : CivilInsurance

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 21, 34 and 107; Succession Act, 1925 - Sections 214

Reported in : AIR1963AP353

insurance - Sections 21, 34, 99 and 107 of Code of Civil Procedure, 1908 and Section 214 of Succession Act, 1925 - brother of respondent taken life insurance policy - respondent demanded amount of such policy by right of

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Feb 26 1997

Shri Shridhar and Baba Keshav Phadke and ors. Vs. Shri Shivram and Bal ...

Court : Mumbai

Decided on : Feb-26-1997

Subject : CivilFamily

Reported in : (1997)99BOMLR744

with al 1 the power of a District Judge to take cognizance of any contested proceeding under Indian Succession Act, 1925, arising within the local limits of their respective jurisdiction that may be transferred to them by their respective … at the earliest point of time and preferably before issues are settled. This has been statutorily recognised in Section 21 of the Code of Civil Procedure, where the case of territorial jurisdiction or pecuniary jurisdiction the objections must

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Apr 12 2007

Thilliammal, Vs. Thandavamurthy and ors.

Court : Karnataka

Decided on : Apr-12-2007

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 … Act, the schedule properties became 'streedana property' of Rukminiammal and after the death of Rukminiammal by virtue of Section 21 of the Act, Unnamalaiammal became the absolute owner and therefore on 7.8.1943 when Unnamalaiammal sold the property in

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Aug 14 1947

Framroze Dadabhoy Madon Vs. Tehmina

Court : Mumbai

Decided on : Aug-14-1947

Subject : PropertyFamily

Reported in : (1947)49BOMLR882

Privy Council upon the trusts of a will, declared to be void under Section 113 of the Indian Succession Act, 1925, applied, and he followed a decision of Mr. Justice Blagden in the case of Ardeshir Baria v. Dadabhoy … in character and limit the freedom of disposition. They must be read in conjunction with Sections 19 and 21, which define a vested interest and a contingent interest, and also in conjunction with Section 22 which deals

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