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Fgp Ltd. Vs. Saleh Hooseini Doctor and anr.

Court : Supreme Court of India

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 … probate having been obtained by the plaintiffs the suit is not maintainable.9. It was further stated that under Section 216 of the Indian Succession Act it is provided once a probate or letters of administration have been granted

Himungsu Kumar Basu Vs. Sudhangsu Kumar Basu

Court : Kolkata

Subject : FamilyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Section 9 - Order 7, Rule 11; ;Succession Act, 1925 - Section 141, 216 and 263; ;Indian Succession Act

Reported in : AIR2004Cal217,2004(1)CHN626

all possible steps as against the appellant/defendant about his administrationship under the Will within the arms of Indian Succession Act, 1925. Section 141 of the Indian Succession Act, 1925 speaks as follows :'141. Legatee named as executor cannot take unless … applicable but that does not necessarily mean that the civil suit is the outcome to meet the necessities. Section 216 of the Indian Succession Act speaks as follows :'216. Grantee of probate or administration alone to sue, etc.,

Crystal Developers Vs. Smt. Asha Lata Ghosh (Dead) Through Lrs. and or ...

Court : Supreme Court of India

Subject : PropertyFamily

Acts : Indian Succession Act, 1925 - Sections 2, 59, 61, 63, 211, 211(1), 212, 213, 213(1), 214, 216, 218, 218(1), 218(2), 219, 220, 221, 222, 227 235, 263, 273, 278, 297, 307, 317 and 332; ;Transfer of Property Act - Sections 41; ;Evidence Act - Sections 41 and 68; ;Code of Civil Procedure (CPC) - Order 23, Rule 3B; Indian Succession Act, 1865 - Sections 234; Constitution of India - Article 136

Reported in : AIR2004SC4980; 2005(1)ALD1(SC); 2005(5)ALLMR(SC)64; (2005)1CALLT45(SC); 2004(5)CTC121; JT2004(9)SC64; (2004)4MLJ172(SC); 2004(8)SCALE390; (2005)9SCC375

adopted the arguments advanced on behalf of defendant No. 14 and submitted that under section 211 of Indian Succession Act, 1925, the estate of the deceased testator vests in the executor from the date the will becomes enforceable, i.e. … be recovered through the Court except by the holder of probate or letters of administration or succession certificate. Section 216 inter alia lays down that after any grant of probate or letters of administration, no person other than

S. Sukumar Vs. Spl. Commissioner of Commercial Taxes, Madras

Court : Chennai

Subject : Family

Acts : Succession Act, 1925 - Sections 211 and 216; Code of Civil Procedure (CPC), 1908 - Order 19, Rule 1

Reported in : AIR1991Mad238

have a control of them.8. Petition allowed. Family - discharge of obligation - Sections 211 and 216 of Succession Act, 1925 and Order 19 Rule 1 of Code of Civil Procedure, 1908 - petition seeking direction to respondent to … be discouraged, by persons who have a control of them.8. Petition allowed. Family - discharge of obligation - Sections 211 and 216 of Succession Act, 1925 and Order 19 Rule 1 of Code of Civil Procedure, 1908

Jagdish Chandra Trikha Vs. Punjab National Bank and ors.

Court : Delhi

Subject : CompanyFamilyProperty

Acts : 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

Reported in : 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 … and others (supra) it was held that the whole scheme of Sections 216, 220 and 273 and other provisions of the Act is only to … basis thereof.The question of supplying a copy of the indemnity bond,therefore, does not arise.Sd/-MANAGER'Reference is also made to Section 16 of the Limitation Act which reads as follows:'16. Effect of death on or before the accrual of

Ramchandra Ganpatrao Hande Alias Handege Vs.

Court : Mumbai

Subject : Property

Acts : Indian Succession Act, 1925; Code of Civil Procedure (CPC), 1908

the Appellant that the decision in Rupali Mehta does not take into account the scheme of the Indian Succession Act, 1925. The Learned Single Judge observed that the judgment does not prohibit any person from seeking protection of the … of Administration with the will or with a copy of an authenticated copy of the will annexed. Under Section 216, upon the grant of probate or Letters of Administration, no other than the person to whom probate or

Joyna John Vs. State and ors.

Court : Delhi

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 299/384, 276/279, 63; Evidence Act, 1872 - Section 68

1. The present appeal under section 299/384 of the Indian Succession Act, 1925 is directed against the order dated 02.07.2007 passed by learned Additional District Judge, whereby the learned Judge has … the appellant has placed reliance on the following judgments:-1. Rajesh Sharma v. Krishna Kumar Sharma, 143 (2007) DLT 216;2. Afzal-Ur-Rehman Khan v. State & Anr., 150(2008) DLT 185;3. Ashok Kumar Dua v. Ranbir Kumar Dua, 151 (2008)

Jugdish Chander Vs. Punjab National Bank

Court : Delhi

Subject : Civil

Acts : Limitation Act, 1963 - Sections 9; Successsion Act - Sections 213

Reported in : 1998RLR254

settled that it is not necessary to obtain letters of administration per 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 Chander V. … Chand Soni (supra) it was held that the whole scheme -of Sections 216, 220 and 273 and other provisions of the Act is only to … dated 2.1.69 of deft. Bank to the pff. which is Exhibited as PW4/25.(14) Reference is also made to Section 16 Limitation Act which reads : S.16. Effect of death of before the accrual of the right to

Ram Dass Vs. District Judge of Jhansi

Court : Allahabad

Subject : Criminal

Reported in : 150Ind.Cas.748

Judge of Jhansi refusing to grant letters of administration of him under Section 219 (f) of the Indian Succession Act of 1925. That sub-section lays down:When there is no person connected with the deceased by marriage or consanguinity … his right. We accordingly dismiss this first appeal from order with costs. Succession Act (XXXIX of 1925), Section 216(f) - Application for letters of administration--Allegations to be made--Nature of proof necessary--Evidence. -

J. Kista Reddy and ors. Vs. Mandal Revenue Officer

Court : Andhra Pradesh

Subject : CivilProperty

Acts : Indian Succession Act, 1925 - Sections 212, 213, 214, 214(1), 215 and 216; Land Acquisition Act; Code of Civil Procedure (CPC) - Sections 146 - Order 22

Reported in : AIR2005AP217; 2005(2)ALD666; 2005(2)ALT70

Ors., : 1992(3)ALT458 . 7. Section 214 occurs in Part-VIII of the Act, comprising of Sections 211 - 216. Part VIII deals with the representative title to the property of a deceased, on succession. It mostly refers … certificate, and in that view of the matter, their request is barred under Section 214 of the Indian Succession Act, (for short 'the Act').4. Learned counsel for the petitioners submits that Section 214 of the Act applies only