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Jun 11 1993

Multivahuji Vs. Kalindivahuji and ors.

Court : Gujarat

Decided on : Jun-11-1993

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 222, 213, 227, 268, 273, 276, 280, 281, 283, 284, 288, 294, 295, 298 and 307; Code of Civil Procedure (CPC), 1908 - Sections 9, 10, 115 and 151 - Order 19, Rule 2; Evidence Act - Sections 4, 40, 41, 42, 43 and 44

Reported in : AIR1994Guj42

has acted absolutely within its jurisdiction and no jurisdictional error is pointed out to this Court.12. The Indian Succession Act, 1925 broadly divides succession into intestate and testamentary succession. The provisions of the Act dealing with testamentary succession are … to an executor appointed by the will and that such appointment may be expressed or by necessary implication. Section 227 of the Act inter alia provides that probate of a will when granted establishes the will from the

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Feb 15 2002

PerIn Ardeshir Dalal Vs. Roshan Erach Minbattiwala and ors.

Court : Mumbai

Decided on : Feb-15-2002

Subject : Family

Acts : Succession Act, 1925 - Sections 211(1), 227 and 307; Code of Civil Procedure (CPC) , 1908 - Order 32, Rule 9

Reported in : 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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Feb 05 1993

Gandabhai Ranchhodji Gandhi Vs. Noshir Ka Vasji Sabowala and ors.

Court : Gujarat

Decided on : Feb-05-1993

Subject : Tenancy

Acts : 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

Reported in : 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 … the case may be, but no decree can be passed in that suit. Mr. Mehta also relied on Section 227 of the Succession Act which enacts that probate of a will when granted establishes the will from the

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Mar 04 1959

Kunhi Lekshmi Alias Leela Amma and ors. Vs. Mrs. R. Rugmani Alias Subh ...

Court : Kerala

Decided on : Mar-04-1959

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 115, 192, 193 and 194; Constitution of India - Article 227

Reported in : AIR1960Ker47

one within his jurisdiction or not, it is desirable to refer to the relevant provisions of the Indian Succession Act, 1925. Section 192(1) reads:'Section 192(1). If any person dies leaving property, movable or immovable, any person claiming a right by … Court with this petition filed under Section 115 of the Code of Civil Erocedure as also under Article 227 of the Constitution.16. Though even at the earliest stage we in-dicated that we are most reluctant to interfere

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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 … he is the legal representative of the deceased for all purposes and all the property vests in him. Section 227 says that after the probate of the will is granted then it becomes effective from the death of

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Sep 23 2013

ShirIn Baman Faramarzi of Bombay Zoroastrian Iranian Inhabitant Vs. Zu ...

Court : Mumbai

Decided on : Sep-23-2013

Subject : Education

at the stage of trial of the petition/suit. 8. Ms. Iyer placed reliance on section 222 of Indian Succession Act, 1925 in support of her submission that the probate can be granted only to the executor appointed by the … if the administration had been granted at the moment after his death. The effect of a probate under Section 227 is that probate when granted establishes a will from the death of the testator and renders valid all

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Dec 09 1949

In the Goods of Mrs. Lydia and ors. and Mrs. Elizabeth Egbert Vs. A.J. ...

Court : Allahabad

Decided on : Dec-09-1949

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 227, 283 and 284

Reported in : AIR1952All543

standi to oppose grant of probate of the draft will of the deceased. (ii) Grant of probate - Section 227 of Succession Act, 1925 - grant of probate do not establish executors title to the property specified. - … answeredin the negative, and I answer it accordingly. (i) Family - probate - Sections 283 and 284 of Succession Act, 1925 - caveator lays claim on a particular property and simultaneously states the property do not form part of

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Mar 03 2009

Syed Askari Hadi Ali Augustine Imam and anr. Vs. State (Delhi Admn.) a ...

Court : Supreme Court of India

Decided on : Mar-03-2009

Subject : Criminal

Acts : Indian Succession Act, 1865 - Sections 63 and 276; Evidence Act, 1872 - Sections 8, 8(1), 40 to 43 and 68; Probate and Administration Act, 1881 - Sections 12 and 59; Succession Act, 1925 - Sections 227 and 273; Indian Penal Code (IPC) - Sections 34, 420, 444, 448 and 468; Code of Criminal Procedure (CrPC) , 1973 - Sections 300, 309, 340(1), 341, 343(2); Constitution of India - Article 136; ; ;

Reported in : 2009AIRSCW3251; AIR2009SC3232; JT2009(4)SC522; 2009(3)SCALE604; (2009)5SCC528; 2009AIRSCW3251; 2009(2)LHSC961; [2009] 3 SCR 1017

administrator : vide Sections 12 and 59, Probate and Administration Act, 1881, corresponding to Sections 227 and 273, Succession Act, 1925, which now incorporates that Act, Section 41, Evidence Act etc: Babu Lal v. Hari Bakhsh (1918) 13 P.R.

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Mar 16 1993

Valerine Basil Pais and ors. Vs. Gilbert Willam James Pais and anr.

Court : Karnataka

Decided on : Mar-16-1993

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 227, 273 and 297

Reported in : II(1993)DMC150; 1992(2)KarLJ301

the procedural requirements were satisfied before the probate was granted by the Court. Section 227 of the Indian Succession Act, 1925, says that probate of a Will when granted establishes the Will from the death of the testator and

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Jul 16 2001

Sri Bajrang Sharma Vs. Ram Krishna Kundu and ors.

Court : Kolkata

Decided on : Jul-16-2001

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 2(11), 115 and 151; ;Indian Succession Act, 1925 - Sections 211, 211(1), 211(2) and 227

Reported in : (2001)3CALLT121(HC)

the Will is probated, the present suit will remain stayed or not. To have answer of this question, section 227 of the Indian Succession Act, 1925, is a relevant factor to be considered. Section 227 of the Act … on the issue in question. Accordingly, it is decided in that way. Under section 211(1) of the Indian Succession Act, 1925, it is provided that the executor or administrator as the case may be, of a deceased person is

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