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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 … or letters of administration. Reliance was also placed on Section 232(c) and 234 of the Indian Succession Act.10. No other point was urged before the … registration, be deemed to be a marriage solemnized under the said Act and as a consequence thereof under Section 21 of the said Act, the property of the parties shall be regulated under the provisions of Indian

In Re : Harish Agarwal

Court : Allahabad

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 119, 232, 234, 235 and 253

Reported in : 1999(4)AWC3138

in the property under the Will and, as such, he has vested interest. Section 119 of the Indian Succession Act, 1925, provides that where by the terms of a bequest, the legatee is not entitled to immediate possession of … by the another Hon'ble Judge. The Court, however, held that the letters of administration can be granted under Section 234 of the Act where one of the legatees can be granted letters of administration. In Soundaraja Peter v.

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

date of death of the testator. The probate can be revoked upon any of the grounds mentioned in section 234 of the Indian Succession Act, 1865 (Section 263 of Indian Succession Act, 1925]. In the said judgment, it … 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.

Ashok Kothari Vs. Dipti Bavishi

Court : Kolkata

Subject : CivilFamily

Acts : Succession Act, 1925 - Sections 234, 261, 263, 268, 279, 283 and 283(1); ;Probate and Administration Act - Sections 62 to 78; ;Administrator-General's Act; ;Hindu Wills Act; ;Code of Civil Procedure (CPC)

Reported in : AIR2007Cal21

with this Chapter and the said Acts.15. We shall hereafter discuss the procedure laid down in the Indian Succession Act 1925 but regard being had to the fact that probate is granted by this Court both in the Common … Bench of this Court opined as follows:The probate can be revoked upon any of the grounds mentioned In Section 234. The duty of the Judge upon an application being made under this section somewhat depends upon what has

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

Court : Mumbai

Subject : Education

no order as to costs. Indian Succession Act, 1925 - Section 213 Section 220 Section 222 Section 227 Section 234, Section 232, Section 273 - Plaintiff d seeks permission to convert petition for probate into petition for letters … 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

Administrator General, Uttar Pradesh, Allahabad Vs. Late Dharamvir Ali ...

Court : Allahabad

Subject : Property

Acts : Administrator General Act, 1963 - Sections 7, 8, 9, 11 and 14; Succession Act, 1925 - Sections 57, 212, 213(1) and (2), 232, 234, 370, 371, 372, 383 and 384; Indian Succession (Amendment) Act, 1962

Reported in : AIR1997All158

refer to the relevant provisions of the Administrators General Act, 1963 and to certain provisions of the Indian Succession Act, 1925. Section 6 of the Administrators General Act (the Act XLV of 1963) lays down that so far as regards … satisfy itself whether the applicants were universal legatees or residuary legatees, Under the provisions of Sections 232 and 234 of the said Act (the Act No. XXXIX of 1925 in short) before Letters of Administration can be

Soundararaja Peter and ors. Vs. Florance Chellaih and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 232, 234 and 235

Reported in : AIR1975Mad194; (1975)2MLJ164

There will be no order as to costs. Family - probate - Sections 232, 234 and 235 of Succession Act, 1925 - suit for issue of probate - probate can be issued in favour executor of property in Will … as enabling only a residuary or an universal legatee to prove the Will and claim letters of administration. Section 234 specifically provides that any legatee having a beneficial interest may also prove the will and seek a tellers

Durga Charan Vs. Sm. Bhudibala Naskar and ors.

Court : Kolkata

Subject : Property

Acts : Succession Act, 1925 - Sections 218, 232 and 234

Reported in : AIR1985Cal264

of Administration with a copy of the will annexed, when a difference has been maintained in the Indian Succession Act, 1925, (hereinafter referred to as the Act for the sake of convenience) between grant of Letters of Administration simpliciter … Act or a universal or residuary legatee under Section 232 of the Act or even a legatee under Section 234 of the Act, the plaintiff-appellant cannot have any locus standi to file the application for grant of Letters

In Re: Manji Jetha Lakhani

Court : Mumbai

Subject : Property

Reported in : (1932)34BOMLR606

of 1925), Section 233, 234-Representative-Interpretation-Practice.; The word 'representative', as used in Sections 233 and 234 of the Indian Succession Act, 1925, is not, at least in the case of a Hindu, restricted to a ' legal representative.'; Haribhusan Dalta

Gita Alias Gita Ravi Vs. Mary Jenet James Alias M.J. James and ors.

Court : Chennai

Subject : Family

Reported in : (1995)1MLJ467

come to by the court.17. Section 263 of the present Indian Succession Act XXXIX of 1925 corresponds to Section 234 of the Succession Act of 1865 and Section 50 of the Probate and Administration Act V of 1881. … of the will had to be proved in accordance with the provisions of Section 63 of the Indian Succession Act, 1925. The letters which had been written by Shri Mishra's clerk contained no mention whatsoever of any instructions having