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Multivahuji Vs. Kalindivahuji and ors.

Court : Gujarat

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 222, 213, 227, 268, 273, 276, 280, 281, 283, 284, 288, 294, 295, 298 and 307; Code of Civil Procedure (CPC), 1908 - Sections 9, 10, 115 and 151 - Order 19, Rule 2; Evidence Act - Sections 4, 40, 41, 42, 43 and 44

Reported in : AIR1994Guj42

has acted absolutely within its jurisdiction and no jurisdictional error is pointed out to this Court.12. The Indian Succession Act, 1925 broadly divides succession into intestate and testamentary succession. The provisions of the Act dealing with testamentary succession are … the proceedings before the grant of probate. The person objecting to the grant of probate has right under Section 284 to lodge caveat against the grant of probate. Once the caveat is entered to the grant of probate,

R. Venkatachalam Vs. G.M. Mascarenhas

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 283, 283(1) and 284

Reported in : ILR1991KAR197; 1990(3)KarLJ479

J., as he then was held that a caveat cannot be sustained under Section 284 of the Indian Succession Act, 1925 on the ground that the property was joint family estate. No doubt, at the time the decision was

Maneklal V. Shah Vs. Jagdish C. Shah

Court : Mumbai

Subject : Family

Reported in : (1970)72BOMLR719

was adjourned for that purpose, and after a full argument, I reserved orders.4. Section 283(1)(c) of the Indian Succession Act, 1925, empowers the Court to issue citations calling upon all persons claiming to have any interest in the estate … the deceased to come and see the proceedings before the grant of probate or letters of administration, and Section 284(1) lays down that 'caveats' against grant of probate or administration may be lodged with the Court. Mr. Nariman

Subal Paul Vs. Malina Paul and anr.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Indian Succession Act, 1925 - Sections 268, 276, 278, 283(1), 284, 295, 296 and 299; Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 35A, 91, 92, 95, 96, 100, 100A, 104, 104(2), 117 and 588 - Order 39, Rules 1 and 2 - Order 43, Rule 1 - Order 41, Rule 1 - Order 49, Rule 3; Hindu Marriages Act - Sections 28; Government of India Act - Sections 108; Trade Marks Act - Sections 76; Bombay Municipal Corporation Act, 1888 - Sections 217(1) and 218D; Land Acquisition Act, 1894 - Sections 54

Reported in : AIR2003SC1928; 2003(2)ALLMR(SC)703; 2003(1)CTC627; JT2003(5)SC193; 2003(2)SCALE373; (2003)10SCC361; [2003]1SCR1092

the judgment of a learned Single Judge of the High Court filed under Section 299 of the Indian Succession Act. 1925 (hereinafter referred to as 'the Act'). 2. When this matter came up before a Bench of two Judges, … have any interest in the estate of the deceased to come and see the proceeding after issuance thereof. Section 284 of the Act provides for lodging of caveats. Once a caveat is lodged, the proceeding becomes contentious. Section

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 … 276 prescribes the procedure for filing a petition for probate or letters of administration with the Will annexed. Section 284 deals with caveat against granting of probate or letters of administration and Section 285 provides for notice to

M.indira Devi Vs. J.Rajasekaran

Court : Chennai

Subject : Limitation

Acts : Limitation Act - Section 5; Indian Succession Act, 1925. - Section 284, 263 and 270; Madras High Court Original Side Rules - Order 14, Rule 8, Order 25 Rule 62; Code of Civil Procedure(CPC) - Order 9 Rule 13

had immediately filed her caveat along with the supporting affidavit as provided under Section 284 of the Indian Succession Act, 1925.3. On filing of her caveat, the testamentary original petition in O.P.No.486 of 2004 was converted to suit and

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

Court : Kolkata

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)

matters relating to grant of probate or letters of administration. In this regard, one may also refer to Section 284 of the Indian Succession Act, 1925. The said section is reproduced hereinbelow:Section 284. Caveats against grant of probate … 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

D.S. Sriramiah Setty Vs. Smt. D. Kanthamma

Court : Karnataka

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 284

Reported in : AIR1971Kant148; AIR1971Mys148; (1970)2MysLJ516

D.M. Chandrashekhar, J.1. This appeal under Section 299 of the Indian Succession Act, 1925, (hereinafter called the Act) arises out of proceedings for grant of letters of administration with the will annexed.2. … the Will alleged to have been executed by Rangamma on 13-3-1966.3. The respondent herein lodged a caveat under Section 284 of the Act, together with an affidavit in which she explained her relationship with the testatrix, Rangamma.4. The

Krishna Kumar Birla Vs. Rajendra Singh Lodha and ors.

Court : Supreme Court of India

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 2, 4, 5, 213, 213(1), 229, 231, 232, 242, 263, 275, 276, 283, 283(1), 283(2), 284, 284(1), 284(2), 284(3), 284(4), 286, 295 and 301; Indian Trusts Act, 1882 - Sections 73; Hindu Succession Act, 1956 - Sections 8 and 15; Probate and Administration Act, 1881 - Sections 69, 70, 71 , 72, 73 and 83; Parliamentary Act; Punjab Pre-emption Act, 1913 - Sections 15, 15(1) and 15(2); Code of Civil Procedure (CPC) , 1908 - Sections 92 and 122 - Order 14, Rule 1; Indian Penal Code (IPC) - Sections 417 and 420; Calcutta High Court Rules - Rules 4, 5, 24, 25, 26, 27, 28 and 30; Supreme Court Rules; Constitution of India - Articles 12, 14, 32 and 227

Reported in : 2008(1)BLJR1292; 3(2008)CLT39(SC); 2008(3)CTC43; JT2008(4)SC82; (2008)3MLJ1002(SC); 2008(4)SCALE202; (2008)4SCC300; 2008AIRSCW2557; 2008(3)LH(SC)1891; 2008(3)ICC1; 2008(4)KCCRSN313

derive any Caveatable interest in the estate of wife - Directions issued - Appeals disposed of - INDIAN SUCCESSION ACT, 1925 Section 63: Validity of Will Held, Theory of spiritual well-being of deceased soul has no reference in judging validity … found to be entitled to enter a caveat and oppose, grant of a probate, then Sections 283(1)(c) and 284 of the 1925 Act would have been differently worded - Such an interpretation would lead to an anomalous

Jagdish D. Mehta Vs. Suneel Anant Deshpande

Court : Mumbai

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 63(1), 268, 276, 280, 283(1), 284, 295, 300 and 383; Evidence Act, 1872 - Sections 41; Code of Civil Procedure (CPC) , 1908 - Sections 26, 86 and 87B - Order 22, Rule 4; Bombay High Court (Original Side) Rules - Rules 374, 397, 397(4), 399, 400, 401, 402 and 403

Reported in : 2008(5)BomCR56

the parties at considerable length and with their assistance have gone through the relevant provisions of the Indian Succession Act, 1925 ('the Act' for short) and the Bombay High Court (Original Side) Rules ('the Rules' for short) so also … 'published' or made known in such manner as the Judge or District delegate issuing the same may direct. Section 284 provides for lodging of caveats against the grant of probate or letters of administration by the persons who