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Madhukar Rajanna Darbhe Vs. Union of India (Uoi), Through the Secretar ...
Mumbai
Jun-22-2007
Property
Indian Succession Act, 1925 - Sections 2, 57, 213, 213(1) and 213(2); Succession Act, 1925 - Sections 3, 118 and 119; Indian Succession (Amendment) Act, 1962; Hindu Wills Act, 1870 - Sections 2; Indian Succession Act, 1865 - Sections 331; Hindu Disposition of Property Act, 1916; Constitution of India - Articles 14 and 19
2007(5)ALLMR339; 2008(2)BomCR418
challenged in these 2 Writ Petitions on the ground that provisions of Section 57(a) and (b) of Indian Succession Act, 1925, violate Article 14 and 19 of the Constitution of India with prayer to hold that Probate is required … of the Constitution of India with prayer to hold that Probate is required for every Will as per Section 213(1) thereof. 2. It is admitted position that as this Court did not grant any interim relief to Petitioners,
Tag this Judgment! AI Brief & AskPrabhakar S/O Chinappa Chavan Vs. State of Maharashtra
Mumbai
Mar-29-2004
Family
Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - Sections 8 and 29(3); Succession Act, 1925 - Sections 57 and 213(2)
2004(4)MhLj886
Shri Bhangde further submitted that in view of the provisions ofSection 213 read with Section 57 of Indian Succession Act, 1925 (hereinafter referred to as 'the Succession Act'), when a right as executor or legatee is to be established
Tag this Judgment! AI Brief & AskThresia and anr. Vs. Kochuthommen
Kerala
Sep-24-1990
Family
Administrator General Act, 1963 - Sections 29, 32 and 53; Succession Act, 1925 - Sections 213 and 391
AIR1991Ker337
but without obtaining a probate from the District Court under the provisions of Part IX of the Indian Succession Act, 1925, the Civil Court can grant relief to legatee under a Will from a person to whom the provisions … under Section 29 of theAdministrators General Act, 1963 will be asubstitute for a probate or letters ofadministration under Section 213 of the IndianSuccession Act.'2. Now deceased Vareed had two wives. Defendant is one of the children born through
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Gandabhai Ranchhodji Gandhi Vs. Noshir Ka Vasji Sabowala and ors.
Gujarat
Feb-05-1993
Tenancy
Transfer of Property Act, 1882 - Sections 11 and 111; Evidence Act, 1872 - Sections 116; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 12, 12(3) and 13(1); Succession Act, 1925 - Sections 213 and 227
AIR1994Guj18; (1993)1GLR238
this court.22. The matter can be looked at from a different angle also. Section 213 of the Indian Succession Act, 1925 provides that no right as executor or legatee can be established in any Court of Justice, unless a
Tag this Judgment! AI Brief & AskRam Shreshth Singh Son of Late Alakh Singh Vs. Chulhai Singh Son of La ...
Patna
Nov-07-2009
CivilFamily
Succession Act, 1925 - Sections 213, 247 and 269; ;Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2
2010(58)BLJR350
Procedure have no application to a probate case, which is governed exclusively under the provisions of the Indian Succession Act, 1925. It is further submitted that under Section 213 of the Indian Succession Act, no right as executor or
Tag this Judgment! AI Brief & AskIn Re: Hasima Latifi and ors.
Mumbai
Mar-14-1961
Family
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)
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 … granted with respect to any debt or security to which a right is required by Section 212 or Section 213 to be established by letters of administration or probate. As it has been stated that the deceased has
Tag this Judgment! AI Brief & AskMukesh Ramchandra Bhardwaj Vs. Usha Vasantrao Kathale
Mumbai
Apr-15-2005
Family
Indian Succession Act, 1925 - Sections 57, 213(1) and 213(2)
2005(4)ALLMR266; 2005(6)BomCR426; 2005(3)MhLj425
not obtain a probate of the Will as required by Sub-section (1) of Section 213 of the Indian Succession Act, 1925 as well as as per the law laid down by this Court in the case of Babasaheb Yeshwant
Tag this Judgment! AI Brief & AskClarence Pais and ors. Etc. Vs. Union of India
Supreme Court of India
Feb-22-2001
Family
Indian Succession Act, 1925 - Sections 57, 118, 211, 213 and 370; Indian Succession Act, 1865; Indian Succession (Amendment) Act, 1962; Indian Succession (Kerala Amendment) Act, 1986; Indian Christian Estates Administration Act, 1901; Hindu Wills Act, 1870 - Sections 2
AIR2001SC1151; 2001(49)BLJR1177; JT2001(3)SC82; 2001(1)KLT860(SC); (2001)3MLJ43(SC); RLW2001(2)SC177; 2001(2)SCALE184; (2001)4SCC325; [2001]2SCR43; 2001(1)LC567(SC)
J. 1. These two writ petitions have been filed challenging the validity of Section 213 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act'] as unconstitutional and to restrain the Union of India from enforcing the
Tag this Judgment! AI Brief & AskMrs. Winifred Nora theophilus Vs. Mr. Lila Deane and Others
Delhi
Jul-10-2001
Family Property
Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1, 2 and 4; Indian Succession Act, 1925 - Sections 2, 47, 57, 213 and 213(1) and (2); Indian Siuccession (Amendment) Act, 1962
AIR2002Delhi6; 2001(62)DRJ422
is mentioned in the plaint that parties are Indian Christians as defined in Section 2(d) of the Indian Succession Act, 1925. The pedigree table of the family of the parties is shown in para-1 of the plaint.2. The dispute … learned counsel for the plaintiff is that the parties were Christian and, thereforee, as per the provision of Section 213 of the Indian Succession Act, no right as executor or legatee can be established in any Court of
Tag this Judgment! AI Brief & AskRamniklal Amritlal Shah Vs. Bhupendra Impex Pvt. Ltd. and ors.
Mumbai
Dec-13-2000
Family
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
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 … the plaintiff could not be said to 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 plaintiff being brother of the original
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