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In Re: T.K. Parthasarathi Naidu

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 254 to 257

Reported in : AIR1955Mad411

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 … 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 … throw light on that question and which constitute the exception to the general rule we have stated above. Section 254 contemplates a case where a person had died intestate or leaving a will of which there is no

Vrandavanla Goverdhanlal Pitti and anr. Vs. Kamala Bai Goverdhanlal an ...

Court : Andhra Pradesh

Subject : Property

Acts : Succession Act, 1925 - Sections 57, 59 to 190, 211, 213, 222 and 237 to 260

Reported in : AIR1970AP109

amended by Act XXI of 1870) corresponding to the sections set out in Schedule III of the Indian Succession Act 1925 were made applicable to all wills and codicils specified in clauses (a) and (b) of Section 57 wherever … is, the entire estate of the deceased under the will, and that only in exceptional cases falling under Section 254 to 257, probate or administration limited to specific item of property or a fraction of the estate will

Chellamma Kamalamma and ors. Vs. Narayana Pillai Prabhakaran Nair

Court : Kerala

Subject : Family

Acts : Marumakkathayam Law; Hindu Succession Act, 1956 - Sections 2, 3(1), 4(1), 8, 10, 15, 17 and 30; Travancore Nair Act, 1100K - Sections 44; Constitution of India - Article 254 and 254(1); Kerala Joint Hindu Family System (Abolition) Act, 1975 - Sections 3, 7, 7(1) and 7(2); Hindu Law

Reported in : AIR1993Ker146

to be capable of being disposed of by male or female in accordance with the provisions of Indian Succession Act, 1925 or any other law for the time being in force and applicable to Hindus. 14. Taking the example … of the rights of inheritance to females governed by the Marumakkathayam law in Kerala. The question is whether Section 17 of the Hindu Succession Act, 1956 which deals with succession to females continues to be in force … Hindu Succession Act stands repealed by virtue of the operation of Article 254(2) of the Constitution of India? (4) Whether Section 17 of the Hindu

S. Pratap Kumar Vs. Thamas B. Choudi and anr.

Court : Karnataka

Subject : Family

Acts : Succession Act, 1925 - Sections 384; Code of Civil Procedure (CPC) , 1908 - Sections 100; Constitution of India - Article 254; Karnataka Civil Courts Act, 1964 - Sections 23A; Karnataka Civil Courts (Amendment) Act, 1978; Civil Courts Act - Sections 23A(2) and 23A(3)

Reported in : AIR2002Kant248

an order granting, refusing or revoking succession certificate sought to be obtained under Part X of the Indian Succession Act, 1925 (in short the Central Act)?2. According to the appellant, he is the brother of one Smt. S. Sugandha … and the 2nd respondent on the strength of an alleged registered Will dt. 13-9-1998 filed an appli-cation under Section 372 of the Central Act for grant of succession certificate in order to receive the service benefits of … thereunder, Section 100 of the Code of Civil Procedure, 1908 and Article 254 of the Constitution of India.5. Part X of the Central Act deals

Uma Vithal Jhaveri and Another Vs. Nikhil Vithal Jhaveri

Court : Mumbai

Subject : Education

years from the date of grant of probate by this court, such petition under section 263 of Indian Succession Act, 1925 is barred by law of limitation. Learned counsel placed reliance on paragraphs 12 and 13 of the said … on the judgment of the Madras High Court in case of Ms.T.Ponnalagivs. RM.Ramachandran and Others (2007) 2 MLJ 254 in support of the plea that the proceedings seeking letters of administration are defective due to non-impleadment of

Damalanka Gangaraju and ors. Vs. Nandipati Vijaya Lakshmi and ors.

Court : Andhra Pradesh

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 6, 23, 29 and 29A; Hindu Adoptions and Maintenance Act - Sections 10; Andhra Pradesh Hindu Succession (Amendment) Act, 1986; Hindu Succession (Amendment) Act, 2005; Indian Succession Act, 1925; Kerala Joint Hindu Family System (Abolition) Act, 1975; Constitution of India - Articles 246, 254, 254(1) and 254(2); Hindu Mitakshara Law; Hindu Law

Reported in : 2007(4)ALD694

that the marriage of the plaintiff was performed subsequent to the amendment to Section 29 of the Hindu Succession Act, 1956 (for brevity, 'the Act') and she is entitled to a share in the plaint-A & B schedule … this Act does not apply and the interest of the deceased is governed by the Indian Succession Act, 1925.Section 6 of the Act deals with devolution of interest of a male Hindu in Coparcenary property and recognizes … for the respondent contended that by virtue of proviso 3 to Article 254 of the Constitution even though the subsequent law of Parliament does not

Jugdish Chander Vs. Punjab National Bank

Court : Delhi

Subject : Civil

Acts : Limitation Act, 1963 - Sections 9; Successsion Act - Sections 213

Reported in : 1998RLR254

settled that it is not necessary to obtain letters of administration per Sections 211 and 212 of the Succession Act, 1925 and cases which are of relevance and as cited above may now be referred.(19) In Jogendra Chander V. … On the basis of the cases referred to above, 1998 Raj LR 254 the learned counsel for the defendant Bank has contended : (A)The suit … dated 2.1.69 of deft. Bank to the pff. which is Exhibited as PW4/25.(14) Reference is also made to Section 16 Limitation Act which reads : S.16. Effect of death of before the accrual of the right to

Manohar Son of Bapurao Sapre Vs. Bhaurao Son of Tukaramji Shirbhate an ...

Court : Mumbai

Subject : Family

Acts : Succession Act, 39 of 1925 - Sections 276, 384 and 388; Bombay Civil Courts Act, 1869 - Sections 28A; Succession Certificate Act, VII of 1889 - Sections 26(1); Bombay Regulation, VIII of 1827 - Sections 2; General Clauses Act, 1897 - Sections 24; Indian Succession Act, 1865; Probate and Administration Act, 1881; Code of Civil Procedure (CPC), 1908

Reported in : AIR1996Bom29; 1995(4)BomCR661; 1995(2)MhLj336

305) of the Civil Manual and he also submits that in view of Section 388 of the Indian Succession Act, 1925 the appeal could lie only before the District Judge and not to this Court as submitted by the … challenged before the High Court. In this connection the learned counsel for the applicant placed reliance on paragraphs 254 and 255 of the Civil Manual.3. Per contra, Mr. Udhoji, the learned counsel for the respondent No.1 submits

Laxmi and ors. Vs. Parameshwari Hengsu and ors.

Court : Karnataka

Subject : FamilyProperty

Acts : Hindu Succession Act, 1956 - Sections 2, 3(1), 4(1), 7(2), 8 and 30(1); Madras Aliyasanthana Act, 1949 - Sections 35, 35(2), 36, 36(3), 36(4), 36(5), 36(6) and 37; Indian Succession Act, 1925; Constitution of India - Article 254

Reported in : AIR1969Kant175; AIR1969Mys175; ILR1968KAR931; (1968)2MysLJ454

which is capable of being so disposed of by him, in accordance with the provisions of the Indian Succession Act, 1925 (39 of 1925) or any other law for the time being in force and applicable to Hindus. Explanation … question of law as to whether and if so, in what manner, the provisions of sub-section (2) of Section 7(2) of the Hindu Succession Act, 1956, (Central Act 30 of 1956) operate on the death of a … 4 thereof as well as the larger question of repugnancy under Art. 254 of the Constitution, the Full Bench points out that the topic of

Rujuta Pradeep Mhatre and Others Vs. Mrs. Smita Harihar Parelkar and O ...

Court : Mumbai

Subject : Land Acquisition

as any duty remains to be performed by an administrator.” (Emphasis supplied) 39. Section 218 of the Indian Succession Act, 1925 must be read with Section 254. These two Sections read thus: 218: To whom administration may be granted,