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Apr 12 1950

Adapala Subba Reddy and anr. Vs. Adapala Andemma and ors.

Court : Chennai

Decided on : Apr-12-1950

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 247; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 40, Rule 1

Reported in : AIR1951Mad393; (1950)IIMLJ650

or under any inherent jurisdiction of the Court. It was pointed out intar alia that under Section 247, Succession Act, 1925, pending any suit touching the validity of the will of a deceased person the Court may appoint an

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Nov 22 1991

Betty Suresh Mahindra Vs. Marthanda Singh Mahindra

Court : Karnataka

Decided on : Nov-22-1991

Subject : Family

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 10; ;Hindu Succession Act; Indian Succession Act, 1925 - Sections 247

Reported in : ILR1991KAR735

ORDERKedambady Jagannatha Shetty, J. 1. The petitioners have filed this Application under Section 247 of the Indian Succession Act, 1925, for appointment of an Administrator pending disposal of the main proceedings touching the validity of the Will and

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Nov 07 2009

Ram Shreshth Singh Son of Late Alakh Singh Vs. Chulhai Singh Son of La ...

Court : Patna

Decided on : Nov-07-2009

Subject : CivilFamily

Acts : Succession Act, 1925 - Sections 213, 247 and 269; ;Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2

Reported in : 2010(58)BLJR350

Procedure have no application to a probate case, which is governed exclusively under the provisions of the Indian Succession Act, 1925. It is further submitted that under Section 213 of the Indian Succession Act, no right as executor or … 247 and 269, Succession Act. Even where the exercise of the powers given to the probate court under Section 247, Succession Act, cannot obviate the difficulties or protect the properties, the powers of that court are wide enough

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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 … the testator and all property will be vested in the person in whose favour the probate was granted. Section 247 only lays down that administrator can be appointed pendente lite i.e. the Court can appoint administrator who shall

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Feb 16 1978

Mahamaya Dassi Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Feb-16-1978

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 26, 161, 164, 168 and 256; ;Indian Succession Act, 1925 - Section 247

Reported in : [1980]126ITR748(Cal)

order to examine this question, it may be relevant to refer to the relevant provisions of the Indian Succession Act, 1925.18. Section 2 of the Indian Succession Act, 1925, provides the definition and Sub-clause (a) of Section 2 defines … but in view of the circumstances in which an administratrix pendente lite can be appointed as contemplated under Section 247 of the Act which we shall presently note, it is doubtful whether such an administrator pendente lite would

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Jul 04 2008

Sri Ajoy Kumar Maiti Vs. Dr. Anil Kumar Maiti and ors.

Court : Kolkata

Decided on : Jul-04-2008

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 247, 265, 272, 284, 286, 287 and 288; ;Constitution of India - Article 227

Reported in : (2008)IVCALLT315(HC)

order, being Order No. 6 dated 28th February, 2007, whereby an application under Section 247 of the Indian Succession Act, 1925, was allowed, appointing the petitioner/executor as administrator pendente lite.4. In the instant application, the petitioner herein is the

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May 19 2006

Priyambada Debi Birla (Deceased by Lr) Vs. Ajoy Kumar Newar and ors.

Court : Kolkata

Decided on : May-19-2006

Subject : Family

Acts : Companies Act - Section 247; ;Indian Succession Act, 1925 - Sections 211 and 319

Reported in : AIR2006Cal259

of their existence or he deliberately concealed the same. According to him under Section 319 of the Indian Succession Act, 1925 the foremost duty of an executor is to acquaint himself with the assets and properties of the deceased … application as follows:He while leading the argument on behalf of all the applicants contends on plain reading of Section 247 of the Act it is clear that appointment of APL is in the sole discretion of' the Court,

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May 19 2006

In Re: Priyambada Debi Birla (Deceased)

Court : Kolkata

Decided on : May-19-2006

Subject : Family

Acts : Companies Act, 1956 - Section 247 and 247(IA);; Indian Succession Act, 1925 - Sections 211, 213, 214, 247 and 319;; Chartered Accountants Act, 1942;; Evidence Act - Section 111;; Probate Act, 1857;; Indian Probate and Administration Act, 1881 - Section 34;; Indian Penal Code (IPC) - Sections 406, 417, 420 and 120B;;Code of Criminal Procedure (CrPC) - Sections 200 and 482;; Code of Civil Procedure (CPC)

Reported in : (2006)3CALLT547(HC)

of their existence or he deliberately concealed the same. According to him under Section 319 of the Indian Succession Act, 1925 the foremost duty of an executor is to acquaint himself with the assets and properties of the deceased … application as follows:He while leading the argument on behalf of all the applicants contends on plain reading of Section 247 of the Act it is clear that appointment of APL is in the sole discretion of the Court,

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Aug 04 1932

Pandurang Shamrao Laud Vs. Dwarkadas Kalliandas

Court : Mumbai

Decided on : Aug-04-1932

Subject : PropertyFamily

Reported in : AIR1933Bom342; (1933)35BOMLR700

will-Party to suit-Appointment of administrator.;The position of an administrator pendente. lite, appointed under Section 247 of the Indian Succession Act, 1925, is similar to that of a receiver, with this distinction that the administrator pendente lite represents the estate

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Nov 29 2002

Sh. Ajay Ved Parkash Vs. State and ors.

Court : Delhi

Decided on : Nov-29-2002

Subject : Family

Acts : Code of Civil Procedure (CPC) - Order 39, Rules 1, 2 and 4; Indian Succession Act - Sections 247, 266, 268, 276 and 295

Reported in : AIR2002Delhi342; 102(2003)DLT699; 2003(66)DRJ682

under Order XXXIX Rule 4 read with Section 151, CPC and Sections 268 and 295 of the Indian Succession Act, 1925, (hereinafter 'the Act').2. Facts in brief are: that petitioner filed this petition under Section 276 of the Act … filed by the petitioner under Order XXXIX Rules 1 & 2 read with Section 151, CPC, and Sections 247, 266, 268 and 295 of the Indian Succession Act; and IA. 2202/2002 filed on behalf of respondents 2

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