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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 … letters of administration under the Will can be granted to any of the legatees under Section 234 where Section 235 is inapplicable. The petitioner having a vested interest in the property has to see that the property is

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. … the administrator derives his authority only from the date of the grant in his favour by the Court. Section 235 inter alia states that letters of administration with the will annexed shall not be granted to any legatee,

Dr. (Mrs.) Ruth Annamalai Vs. Mrs. Valliammai Achi, W/O of Late Dr. Al ...

Court : Chennai

Subject : Family

Acts : T.N. Court-fee and Suits Valuation Act, 1955 - Schedule - Sections 55, 56, 61 and 63 - Articles 1 to 6, 7, 11(K); Indian Succession Act, 1925 - Sections 222, 261, 264, 265, 266, 268, 276, 284, 295 and 299; High Court Original Side Rules - Order 25, Rules 4, 25, 55, 689, 690 and 692; Hindu Succession Act, 1956 - Sections 235; Code of Civil Procedure (CPC). 1908 - Sections 26, 75 to 78, 86, 87-B, 90 to 92, 94, 95, 100, 104, 141 and 144 - Order 41 Rule 1; Original Side Rules, 1956 - Order 2, Rules 2, 20 to 50, 51 to 68; Government of India Act, 1915; Indian Oaths Act, 1873; Transfer of Property Act, 1882; Parition Act, 1893; Guardians and Wards Act, 1890; Indian Divorce Act,1869; Specific Relief Act, 1877; Indian Arbitration Act, 1940; Indian Stamp Act, 1899;

Reported in : AIR1991Mad284

the plaintiff filed the O. P. No. 197 of 1988 under Ss. 222 and 276 of the Indian Succession Act, 1925 read with O. XXV, Rule 4 of the Original Side Rules. In the said petition, the petitioner sought … Rule 665which makes notice to the next of kin obligatory, and the corresponding section of the Succession Act. Section 235 which also makes the issue of citation to the next of kin obligatory before the issue of letters

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 … the will, and letters of administration with the will annexed may be granted to him of the estate. Section 235 provides that letters of administration with the will annexed shall not be granted to any legatee other than

Govind Narayan Kakade Vs. Rangnath Gopal Rajopadhye

Court : Mumbai

Subject : Company

Reported in : AIR1930Bom572; (1930)32BOMLR232

[1925] 1 Ch. 407 and Davey v. Cory [1901] A. C. 477 in each of which the directors successfully disputed their liability, wore much relied on by the appellant to prove the contrary. In the former case … 3 and 4 on an application made by the petitioner as liquidator of the Sholapur Bank, Limited, under Section 235 of the Indian Companies Act '1913.2. The main defences are that the appellant not having been guilty of

In Re: T.K. Parthasarathi Naidu

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 254 to 257

Reported in : AIR1955Mad411

must be found only in chaps. 1 and 2 of Part IX, Indian Succession Act (Act 39 of 1925), for, the introductory Section 217 prescribed, that save as otherwise provided by the Act or by any other … as the circumstances of that case would fallwithin the exception of Sections 235 arid 256, Succession Act.8. The other High Courts also have adopted more … indebted to Sri K. Viraswami, Assistant Government Pleader, who took us through the relevant sections of the Indian Succession Act as well as the decisions of the various High Courts and also the. English law bearing on this

indrajitsinghji Vijaysinghji Vs. Rajendrasinghji Vijaysinghji

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 26, 85, 86, 86(1), 86(3), 87-B and 141; Bombay High Court Rules - Rules 665, 689, 690 and 692; Succession Act, 1925 - Sections 235, 268 and 295; Indian Companies Act - Sections 184, 186 and 187; Government of India Act - Sections 176

Reported in : AIR1956Bom45; (1955)57BOMLR962; ILR1955Bom912

the High Court of Bombay, 1950, Rule 692--Indian Succession Act (XXXIX of 1925), Sections 268, 295--Petition for letters of administration converted into suit under Rule … which makes notice to the next of kin obligatory. The corresponding section of the Succession Act is, first. Section 235 which also makes the issue of citation to the next of kin obligatory before the issue of Setters … The question of substantive rights and the question of imposing disabilities can only be dealt with in the Succession Act which deals with these proceedings.But when these proceedings come to a Courtof law, the Court has to consider

Pradeep Kumar vs.state & Anr

Court : Delhi

Subject : Land Acquisition

MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present petition has been filed under Section 276 of Indian Succession Act, 1925, for grant of probate in respect of Will dated 30th December, 1996, of late Shri Dwij Kumar Shastri, … Section 278(1)(d) of the Indian Succession Act, 1925?.3. Whether the present petition is not maintainable in view of Section 235 of Indian Succession Act?.4. Whether the petition has been properly verified in the manner as provided in Section

Lallubhai Chhotabhai by Lrs. and ors. Vs. Vithalbhai Parshottambhai

Court : Gujarat

Subject : Family

Acts : Succession Act, 1925 - Sections 2, 102, 138, 222, 232, 235, 276, 281 and 282

Reported in : AIR1982Guj222

M. K. Shah, J. The appeal before M. K. Shah, J. was under See. 299 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') and it was directed against the decision dated Dec. 30, 1974 rendered … behalf of the appellants that having regard to the provisions of S. 235, letters of administration with the will, annexed cannot be granted in the … that he was the executor appointed tinder the will was incorrect and there was no due compliance with Section 276(1)(e) of the Act, (3) that there was non-compliance with Section 281 Of the Act inasmuch as the

Laxmans/O Satteppa Vs. Basavanni

Court : Karnataka Dharwad

Subject : Land Acquisition

Court below to convert the petition into a regular suit as prescribed in Sec. 295 of the Indian Succession Act, 1925 (hereinafter referred to as ‘the Act’, for brevity); but the Trial Court proceeded to dispose of the petition … Act, citations are of two kinds. (i) Compulsory citation or Special citation (ii) Discretionary citation or general citation. Section 235 of the Act requires publication of special citation before grant of Letters of Administration to legatees other than