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The State of Gujarat Vs. Shantaben

Court : Gujarat

Subject : Civil

Acts : Bombay Court-fees Act, 1959 - Schedule - Articles 10 and 11; Succession Act, 1925 - Sections 217

Reported in : AIR1972Guj108; (1972)0GLR170

Costs of this application.16. Revision dismissed. Civil - court-fee - Section 24 of Bombay Court-fees Act, 1959 and Section 217 of Succession Act, 1925 - quantum of court-fees payable on succession certificate in respect of shares - court-fees … three quarters per centum.Provided that when, after the grant of a certificate under Part X of the Indian Succession Act, 1925, or under Bombay Regulation VIII of 1827 or any corresponding law for the time being in force, in

Smt. Santosh Mishra D/O Late Ram Sagar Pandey W/O Sri O.P. Mishra Vs. ...

Court : Allahabad

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 217, 266, 268 and 295; Code of Civil Procedure (CPC) , 1908 - Sections 141 - Order 8, Rule 1; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Constitution of India - Article 226; Uttar Pradesh Consolidation of Holding Act - Sections 15

Reported in : 2005(3)AWC2597

away by death on 9.11.2003 and consequently, the applicant resorted to proceeding under Section 217 of the Indian Succession Act, 1925 for grant of probate. The defendants arrayed in the proceeding are aunt and great father of the applicant

Chiranjilal Shrilal Goenka (Deceased) Through Lrs. Vs. Jasjit Singh an ...

Court : Supreme Court of India

Subject : Civil

Acts : Succession Act, 1925 - Sections 211(1), 217, 222, 223, 224, 227, 273, 276, 280, 294, 295 and 299; Code of Civil Procedure (CPC) , 1908 - Sections 2, 2(11), 9 and 33 - Order 22, Rule 10; Hindu Succession Act, 1956 - Sections 3 and 8

Reported in : 1993(2)ALT13(SC); 1993(2)BLJR1193; JT1993(2)SC341; 1993(2)SCALE146; (1993)2SCC507; [1993]2SCR454; MANU/SC/0496/1993

Code. 12. Section 213 of the Indian Succession Act (Act 39) of 1925 for short 'the Succession Act' provides right to the executor to obtain … under Order 22 Rule 10 or legatee under a Will, are legal representatives.11. Section 3(f) of the Hindu Succession Act, 1956 defines 'heirs' means any person, male or female who is entitled to succeed to the property of … probate....shall be the plaintiff and the person who had appeared to oppose the grant shall be the defendant. Section 217 expressly provides that save as otherwise provided by this Act or by any other law for the time

Rupali Mehta Vs. Smt. Tina Narinder SaIn Mehta

Court : Mumbai

Subject : Property

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 145; ;Indian Succession Act, 1925 - Sections 57, 192, 193, 194, 195, 208, 209, 217, 247, 268, 269 and 269(2); Code of Civil Procedure (CPC) - Sections 141 - Order 21 Rule 63 - Order 39

Reported in : AIR2007Bom62; 2006(6)ALLMR48; 2006(6)BomCR778; 2006(6)MhLj786

Birla v. Laxmi Devi Newar and Anr. : 2005(4)CHN544 . 5. Perusal of the preamble of the Indian Succession Act, 1925 shows that the Act has been enacted to consolidate the law applicable to intestate and testamentary succession. The … of Assets of Deceased. Part-IX is divided in 13 chapters. Perusal of Part-IX shows that it begins with Section 217. Section 217 reads as under:217.Applicant of Part.-Save as otherwise provided by this Act or by any other law

Ravindra Nath Agrawal Vs. Yogender Nath Agrawal

Court : Supreme Court of India

Subject : Land Acquisition

the Will dated 06.04.2011 annexed thereto, under Section 276 read with Sections 250 and 273(b) of the Indian Succession Act, 1925. Upon receipt of summons in the said testamentary case, the daughter Lily Nath 5 came up with the … 57 to 191 of the Act are included in this Part.26. Part IX of the Act contains Sections 217 to 369, divided into 13 chapters. Chapter IV of Part IX contains provisions governing “the practice in granting

Satya Narayan Agiwal and Bishwanath Agiwal Vs. State Bank of India and ...

Court : Jharkhand

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 299; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 18, 20 and 21; Bengal Civil Courts Act, 1871; Civil Courts Act - Sections 3; Land Acquisition Act, 1894 - Sections 54; Guardian and Wards Act; Arbitration Act; Code of Civil Procedure (CPC) , 1908 - Sections 35A, 91, 92, 95, 96, 100, 100A, 104, 104(1), 104(2), 217(1) and 218D - Order 43, Rule 1 and 1A; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 100A; Government of India Act - Sections 108

Reported in : 2005(2)BLJR1580; [2005(3)JCR1(Jhr)]

Court from an order of the learned District Judge in an appeal under Section 299 of the Indian Succession Act, 1925. Mr. Prasad submitted that in the said decision the Hon'ble Supreme Court had held that Section 299 conferred … been taken away by Section 100-A of the Code of Civil Procedure (supra). Since, an appeal under Section 217(1) of the Act is a first appeal in a second forum/Court and an appeal under Section* 218-D 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 … to make an interim order in relation to the property. The Learned Single Judge held that (i) Under Section 217, which is in Part IX , the grant of probate or Letters of Administration as well as the

S. Amarjit Singh Vs. State and ors.

Court : Delhi

Subject : FamilyCivil

Reported in : AIR1999Delhi33

given by the Probate Court. Dismissed. a) The case debated on suspicious circumstances in relevance to probate under Section 217 of the Succession Act, 1925 - The legal heirs were excluded and execution of the will was proved … 1978. After the death of Chhattar Singh, Mohinder Singh filed the petition under Section 276 of the Indian Succession Act, 1925 for obtaining probate. Notices were issued to the legal heirs of Chhattar Singh i.e. his daughter Tripat kaur

Subal Paul Vs. Malina Paul and anr.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Indian Succession Act, 1925 - Sections 268, 276, 278, 283(1), 284, 295, 296 and 299; Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 35A, 91, 92, 95, 96, 100, 100A, 104, 104(2), 117 and 588 - Order 39, Rules 1 and 2 - Order 43, Rule 1 - Order 41, Rule 1 - Order 49, Rule 3; Hindu Marriages Act - Sections 28; Government of India Act - Sections 108; Trade Marks Act - Sections 76; Bombay Municipal Corporation Act, 1888 - Sections 217(1) and 218D; Land Acquisition Act, 1894 - Sections 54

Reported in : AIR2003SC1928; 2003(2)ALLMR(SC)703; 2003(1)CTC627; JT2003(5)SC193; 2003(2)SCALE373; (2003)10SCC361; [2003]1SCR1092

the judgment of a learned Single Judge of the High Court filed under Section 299 of the Indian Succession Act. 1925 (hereinafter referred to as 'the Act'). 2. When this matter came up before a Bench of two Judges, … State of Bank of India : AIR1999SC2000 , this Court while interpreting the provisions of Section 218D and 217(1) of the Bombay Municipal Corporation Act, 1888, held that when an appeal is in the form of second

Smt. Shobha Kshirsagar Vs. Smt. Janki Kshirsagar and anr.

Court : Madhya Pradesh

Subject : Family

Acts : Guardians and Wards Act, 1890 - Sections 7 and 7(3); Hindu Minority and Guardianship Act, 1956 - Sections 9 and 13; Constitution of India - Article 254; Succession Act, 1925 - Sections 217, 264 and 300; Limitation Act, 1963 - Schedule - Article 137

Reported in : AIR1987MP145; 1988MPLJ28

'all' applications. However, I would like to add a few words of my own. In my view, Indian Succession Act is a self-contained Code in so far as the question of making of an application for probate or … looked into, but some provisions of theother cognate enactments, such as theGuardians and Wards Act, 1890 and IndianSuccession Act, 1925 (ISA) have also to belooked into. According to me, the matterwhich requires serious consideration is rather the import … doubt that Section 216 shall become operative immediately in such a case. Notice must also be taken of Section 217 which provides that grant of a probate is made only in accordance with the provisions of Part IX