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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 … to be made without notice to the party who has entered the caveat. Indeed, that is precisely what Section 285 of the Indian Succession Act lays down, and the same is also borne out by the form of

Ranchhoddas Govinddas Banatwala

Court : Mumbai

Subject : Family

Reported in : (1976)78BOMLR219; 1976MhLJ636

other than a liquidated sum of money is a debt as contemplated by Part X of the Indian Succession Act, 1925, so as to enable the Court to issue a succession certificate in respect thereof.2. The facts which have … sum of money or a security falling within the definition of that term given in Sub-section (2) of Section 370 of the Indian Succession Act, 1925. Accordingly, this petition was placed before me for hearing. As this … of 'maher' given in Mulla's Principles of Mahomedan Law, seventeenth edition, Article 285, at p. 277. That definition is 'Maher or dower i& a sum

Mrs. Elizabeth Antony Vs. Michel Charles John Chown Lengera

Court : Supreme Court of India

Subject : Family

Acts : Succession Act, 1925 - Sections 227, 263, 283, 284, 285 and 286; Constitution of India - Article 136

Reported in : AIR1990SC1576; JT1990(2)SC183; 1990(1)SCALE713; (1990)3SCC333; [1990]2SCR486; 1990(1)LC686(SC)

Madras High Court confirming the order passed by the Subordinate Judge, Nilgiris. The matter arises under the Indian Succession Act, 1925 ('Act' for short) and the facts that give rise to the petition are as follows:3. The testatrix Mary … of probate or letters of administration. Section 284 provides for lodging caveat against grant of probate or administration. Section 285 lays down that no proceeding shall be taken on a petition for probate or letters of administration after

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 … with the Will annexed. Section 284 deals with caveat against granting of probate or letters of administration and Section 285 provides for notice to the caveator. The procedure in contentious cases is prescribed in Section 295, which is

Southern Bank Ltd. Vs. Kesardeo Ganeriwalla and ors.

Court : Kolkata

Subject : FamilyProperty

Acts : Sucession Act, 1925 - Sections 263, 272 and 283; ;Evidence Act, 1872 - Sections 101 to 104; ;High Court Original Side Rules - Rules 29 and 33; ;Code of Civil Procedure (CPC) - Order 2, Rule 2

Reported in : AIR1958Cal377,62CWN444

in our country in, making a grant is done in terms of the procedure laid down by the Succession Act, 1925, and when a grant is made by this Court, the rules on the matter on the Original Side … must also contemplate issue of a citation to a particular individual. I have here left out of consideration Section 285 which provides for the issue of a citation to a person who has entered a caveat, for that

Sreemanthula Kesavachari (Died) Per L.R. Sreemanthula Rajeswaramma Vs. ...

Court : Andhra Pradesh

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 214 and 214(1); Legal Services Authorities Act, 1987 - Sections 22(3); Administrator General's Act, 1913 - Sections 31 and 32; Succession Certificate Act, 1889; Indian Penal Code (IPC) - Sections 193, 219 and 228; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; Code of Civil Procedure (CPC) - Order 21, Rule 51

Reported in : AIR2008AP74; 2007(6)ALD796; 2008(1)ALT1

Petition by observing that the petitioner failed to obtain a succession certificate under Section 214 of the Indian Succession Act, 1925, therefore, the objection raised by the Judgment Debtor was considered and the petitioner is directed to obtain succession … certificate has to be obtained by the widow to execute the decree.In Abdul v. Shamseali AIR 1942 BOMBAY 285, the Bombay High Court held that:The necessity for obtaining a succession certificate cannot be waived by the parties.

Dinabandhu Roy Brajaraj Saha, Firm Vs. Sarala Sundari Dassya W/O Haral ...

Court : Kolkata

Subject : FamilyProperty

Reported in : AIR1940Cal296

has no 'interest in the estate of the deceased' within the meaning of Section 283 (1), Clause (c), Succession Act of 1925, (b) that assuming that such a creditor of the heir-at law has the right to present … That illustration is not confined to compulsory citations, which have to be issued under Sections 229, 235 or 285. It extends at least to special citations that may be issued by the Court in its discretion under

Elsy Vs. Raju

Court : Kerala

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 63, 222, 237, 238, 239, 266, 268, 275, 276, 280, 281, 283, 284, 285 and 295; Kerala Court Fees and Suits Valuation Act, 1959 - Sections 55 and 56 - Schedule I and 2, Article 1, 4, 6 and 11; Indian Succession Rules (Kerala), 1968 - Rule 6, 17, 22 and 26

Reported in : 2006(4)KLT890

invoking the testamentary and intestate jurisdiction of the District Judge under Sections 266 and 268 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act' for short). The first respondent V.K. Raju was the petitioner in the … originated as probate O.P. 61/1986 filed by invoking the testamentary and intestate jurisdiction of the District Judge under Sections 266 and 268 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act' for short). The … late of...deceased, who died on the day ...at...without notice to C.D. of...Section 285 of the Act says that after the entry of caveat no proceedings

In Re: Sunil Kumar Bhattacharjee

Court : Kolkata

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 283, 284, 285 and 286

Reported in : (1997)1CALLT440(HC)

urged that in this case the learned Chief Judge has over looked the relevant provisions of the Indian Succession Act and mechanically has rejected the application of the petitioner to be added as a party and for giving … of probate or letters of administration. Section 284 provides for lodging caveat against grant of probate or administration. Section 285 lays down that no proceeding shall be taken on a petition for probate or letters of administration after

Ananta Vs. Ramabai

Court : Mumbai

Subject : Family

Reported in : (1877)ILR1Bom554

other questions in the cause, including the question of costs. Hindu Law - Leprosy--Maintanance--Exclution of inheritance. - INDIAN SUCCESSION ACT (39 OF 1925), Section 63: [S.B. Sinha & Cyriac Joseph, JJ] Will Validity - Deceased, was a very … Mr. Sutherland to the case of Lakshmi Narayan Singh v. Tulshi Narayan Singh (5 Beng., Cal., S.D.A. Rep., 285), clearly implies, in what they have said as to the right of the son of a leper to