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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 … the subject matter of the testamentary disposition. We have noticed already the provisions contained in Sections 247 and 269, Succession Act. Even where the exercise of the powers given to the probate court under Section 247, Succession

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Aug 29 2006

Rupali Mehta Vs. Smt. Tina Narinder SaIn Mehta

Court : Mumbai

Decided on : Aug-29-2006

Subject : Property

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 145; ;Indian Succession Act, 1925 - Sections 57, 192, 193, 194, 195, 208, 209, 217, 247, 268, 269 and 269(2); Code of Civil Procedure (CPC) - Sections 141 - Order 21 Rule 63 - Order 39

Reported in : AIR2007Bom62; 2006(6)ALLMR48; 2006(6)BomCR778; 2006(6)MhLj786

Birla v. Laxmi Devi Newar and Anr. : 2005(4)CHN544 . 5. Perusal of the preamble of the Indian Succession Act, 1925 shows that the Act has been enacted to consolidate the law applicable to intestate and testamentary succession. The … 268, which is found in Part-IX lays down that provisions of the Code of Civil Procedure are application. Section 269 is the only provision that I find in Part-IX of the Succession Act giving power to the court

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Aug 18 1949

Adeline Maude Ellanor Catchick Nee Robertson and anr. Vs. Sunderlal Da ...

Court : Kolkata

Decided on : Aug-18-1949

Subject : Family

Acts : Succession Act, 1925 - Sections 307, 332, 333 and 335; ; Succession Act, 1865 - Section 269

Reported in : AIR1950Cal559

corresponds to Section 307 of the present Succession Act, XXXIX [39] of 1925. In the present case, the will and codicil do not impose any … of disposal enjoyed by an executor at the relevant dates. The law was at that date, contained in Section 269, Succession Act (x [10] of 1865). The section, practically corresponds to Section 307 of the present Succession Act, … realised and if so, when. No inventory or account which was required to in filed under Section 317, Succession Act, by the executrix, has been produced.24. The testamentary expenses would be a fairly large sum. The pecuniary legacies

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Mar 29 2011

Ramchandra Ganpatrao Hande Alias Handege Vs.

Court : Mumbai

Decided on : Mar-29-2011

Subject : Property

Acts : Indian Succession Act, 1925; Code of Civil Procedure (CPC), 1908

the Appellant that the decision in Rupali Mehta does not take into account the scheme of the Indian Succession Act, 1925. The Learned Single Judge observed that the judgment does not prohibit any person from seeking protection of the … for the manner in which it has to be processed and how it has to be decided; (ii) Section 269 is the only provision which empowers the Court to interfere for the protection of the property at the

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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 … the effect of the provisions of Section 247 of the Act. In this connection, we may refer to Section 269 which deals with the powers of the District Judge for protection of property. That section reads as follows

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Sep 14 2012

Ka Riverretta Diengdoh Vs. Ka Trially Sara Rymbai and Another

Court : Guwahati

Decided on : Sep-14-2012

Subject : Land Acquisition

1. This appeal under Section 299 of the Indian Succession Act, 1925 (in short the 1925 Act), is directed against the judgment and order dated 22-9-2008 passed by the learned … 245, 247 to 249, Sections 251 to 263, Section 264 excepting sub-section (2) thereof, Sections 265 to 268, Section 269 excepting sub-section (2) thereof, Sections 270 to 272, Section 273 excepting the last two paragraphs below the proviso

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Dec 14 2012

Shalini Sumant Raut and Others Vs. Milind Sumant Raut and Others

Court : Mumbai

Decided on : Dec-14-2012

Subject : Land Acquisition

male or a female, would be entitled to make a testamentary disposition as per the provisions of Indian Succession Act, 1925. The relevant part of Section 30 reads thus: 30. Testamentary succession. - Any Hindu may dispose of by … the right to take by survivorship” as held by the Privy Council in AnantVs. Gopal (1895) 19 Bom 269. 11. These rules and incidents of coparcenary or joint family properties are enumerated in the case of State

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Jan 27 1961

Estate of I.A.T. Warde Vs. Commissioner of Income-tax, M.P., Nagpur an ...

Court : Madhya Pradesh

Decided on : Jan-27-1961

Subject : Direct Taxation

Reported in : [1961]43ITR219(MP)

on February 5, 1955 under section 54(2) of the Administrator-Generals Act, 1913, read with section 269 of the Succession Act, 1925, appointing Shri Shirpurkar, advocate of Chhindwara, to take and keep possession and manage the property of the deceased.

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May 28 1956

Tincowri Pramanik Vs. Narayan Chandra Mukherjee and anr.

Court : Kolkata

Decided on : May-28-1956

Subject : FamilyProperty

Acts : Succession Act, 1925 - Section 307 and 307(2)

Reported in : AIR1957Cal364

It is now well settled that the powers of the executors in India as provided in Section 307, Succession Act, 1925 (corresponding to Section 269, Succession Act, 1896 (Act X of 1896) ) are, at least, as extensive as

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May 19 2016

Harsh Vardhan Lodha and Ors. Vs. Ajay Kumar Newar and Ors.

Court : Kolkata

Decided on : May-19-2016

Subject : Land Acquisition

to preserve and protect the estate of the deceased under Sections 247 and 269 of the Indian Successions Act, 1925. He further contended that the decision cited by Mr. Mitra, in the case of Bharat Petroleum Corporation Ltd. … it is the duty of the testamentary Court to pass necessary order under Section 247 of the Indian Succession Act for safe preservation of the shares belonging to the estate of Priyamvada Devi Birla and also for proper

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