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Jagdish Chandra Trikha Vs. Punjab National Bank and ors.
Delhi
Oct-24-1997
CompanyFamilyProperty
Succession Act, 1925 - Sections 211; Limitation Act, 1963 - Sections 9; Indian Contract Act, 1872 - Sections 148; ;Code of Civil Procedure (CPC), 1908 - Order 7, Rule 2
1997VIAD(Delhi)753; AIR1998Delhi266; 4(1996)CLT513; [2000]100CompCas839(Delhi); 69(1997)DLT874
necessary to obtain letters of administration in terms of the provisions of Sections 211 and 212 of the Succession Act, 1925 and cases which are of relevance and as cited above may now be referred.(19) In Jogendra Chunder Dutt … an executor unless he has obtained probate of the will under which he claims. But the effect of Section 211 is that the estate of the deceased testator vests in the executor by virtue of the will and
Tag this Judgment! AI Brief & AskAnant Trimbak Sabnis Vs. Vasant Pratap Pandit
Mumbai
Jul-04-1979
Tenancy
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 5(11), 13(1)(3) and 15; Indian Succession Act, 1925 - Sections 211, 211(I) and 213; Transfer of Property Act, 1882 - Sections 2, 5, 7, 12, 13, 15, 15(1) and 15(2); Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973; B.T. and A. Act, 1948 - Sections 2(21); Indian Companies Act - Sections 312; Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1978; Evacuee Property Act, 1950
AIR1980Bom69; 1979MhLJ755
extent, this suit is liable to be dismissed.25. Mr. Parekh then relies on Section 211 of the Indian Succession Act. 1925 and contends that even if bequest of the tenancy rights is held to be ineffective, the plaintiff Executor
Tag this Judgment! AI Brief & AskPerIn Ardeshir Dalal Vs. Roshan Erach Minbattiwala and ors.
Mumbai
Feb-15-2002
Family
Succession Act, 1925 - Sections 211(1), 227 and 307; Code of Civil Procedure (CPC) , 1908 - Order 32, Rule 9
2002(4)BomCR187
Dalal were as per the provisions of section 211 sub-clause (1), section 227 and 307 of the Indian Succession Act, 1925. He pointed out that defendant No. 1 was appointed as the Executor of the last Will of the
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Subhadra Rani Pal Choudhary Vs. Sheirly Weigal NaIn and ors.
Supreme Court of India
Apr-06-2005
FamilyProperty
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)
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 … shall be subject to the immediate control of the Court and shall act under its direction.'10. According to Section 211, an executor or administrator of a deceased person is legal representative for all purposes and all the property
Tag this Judgment! AI Brief & AskVrandavanla Goverdhanlal Pitti and anr. Vs. Kamala Bai Goverdhanlal an ...
Andhra Pradesh
Apr-01-1969
Property
Succession Act, 1925 - Sections 57, 59 to 190, 211, 213, 222 and 237 to 260
AIR1970AP109
amended by Act XXI of 1870) corresponding to the sections set out in Schedule III of the Indian Succession Act 1925 were made applicable to all wills and codicils specified in clauses (a) and (b) of Section 57 wherever … a probate in respect of a part or the whole of property. This matter is dealt with in section 211 and 213; and as we have noted earlier, the provisions in Chapter II of Part IX viz., Sections
Tag this Judgment! AI Brief & AskSri Raja Kakarlapudi Venkata Sudarsana Sundara Narasayyamma Garu (Died ...
Andhra Pradesh
Oct-17-1959
PropertyContract
Transfer of Property Act, 1882 - Sections 58 and 137; Contract Act, 1872 - Sections 172, 176 and 177; Succession Act, 1925 - Sections 211 and 213; Specific Relief Act, 1877 - Sections 42
AIR1960AP273
- held, transaction amounts to pledge. (ii) Property - requirement of probate - Sections 211 and 213 of Succession Act, 1925 - suit by executor under will - whether probate is necessary before filing suit - property vests in … appointed as an executrix under the will of her husuand is beyond all doubt. That being so, under Section 211 of the Succession Act, the entire property of the testator vests in the executor or executrix, as the
Tag this Judgment! AI Brief & AskK.R. Patel (Dead) Through Lrs. Vs. Commissioner of Income Tax
Supreme Court of India
Aug-27-1999
Direct Taxation
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
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.
Tag this Judgment! AI Brief & AskCommissioner, Jalandhar Division and ors. Vs. Mohan Krishan Abrol and ...
Supreme Court of India
Apr-02-2004
CivilProperty
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 - Sections 2, 3, 4, 5, 9, 10 and 15; ;Indian Succession Act, 1925 - Sections 57, 87, 211, 213 and 336; ;Indian Succession (Amendment) Act, 1962
AIR2004SC2060; (SCSuppl)2004(4)CHN77; 2004(4)CTC35; JT2004(4)SC139; (2005)139PLR224; 2004(4)SCALE163; (2004)7SCC505
was only a beneficiary under Clause 2 of the will and since under Section 211 of the Indian Succession Act, 1925 (hereinafter referred to as 'the 1925 Act),'the property had vested in the executors, the eviction proceedings under the
Tag this Judgment! AI Brief & AskMohanlal Dungarmal Futnani Vs. Vishanji Dungarmal Futnani and ors.
Kolkata
Mar-15-2001
PropertyArbitration
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)
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.30. In this context, it may be useful to notice Section 211(1) and Section 307(1) of the Indian Succession Act, 1925:-'211(1)--The executor or administrator, as the case may be, of
Tag this Judgment! AI Brief & AskMary Assumption Trinidade Etc. Vs. Vincent Manuel Trinidade and ors.
Delhi
Aug-14-1975
FamilyProperty
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)
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 … to be challenged on the basis of the provisions of Sections 211, 232, 273 as well as 276. Section 211 provides that the executor or the administrator, as the case may be, of a deceased person 'is his
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