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Sri Ajoy Kumar Maiti Vs. Dr. Anil Kumar Maiti and ors.
Kolkata
Jul-04-2008
Family
Indian Succession Act, 1925 - Sections 247, 265, 272, 284, 286, 287 and 288; ;Constitution of India - Article 227
(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 … 1925, wherein it has been provided as to when a District Delegate cannot grant probate or administration is Section 286:Section 286. District Delegate when not to grant probate or administration. - A District Delegate shall not grant probate
Tag this Judgment! AI Brief & AskVera D. Thackersey Vs. Bai Manekbai Annasaheb Thackersey
Mumbai
Feb-11-1976
Family
Indian Succession Act, 1925 - Sections 2, 264, 264(1), 265, 265(1), 266, 267, 268, 272, 283, 286, 288 and 299; Bombay Civil Courts Act, 1869 - Sections 28-A and 28-A(1); Bombay High Court Orders; Bombay High Court Rules - Rules 55 and 255; Indian Succession Act, 1865; Probate and Administration Act, 1881; Code of Civil Procedure (CPC), 1908; Madras Civil Courts Act - Sections 29(1); Payment of Wages Act, 1936; Bombay City Municipalities Act, 1925; General Clauses Act, 1897 - Sections 8(1)
AIR1977Bom419; (1976)78BOMLR543
which was vested in the High Court. 5. Our attention was invited to certain provisions of the Indian Succession Act, 1925, Section 28-A of the Bombay Civil Courts Act. 1869 and R. 255 of the High Court Rules, Civil Manual … x x x x x x' Sub-section (2) states that persons so appointed shall be called 'District Delegates.' Section 286 provides that a District Delegate shall not grant probate or letters of administration in any case in which
Tag this Judgment! AI Brief & AskKamal Rani Vs. Kanhaiyalal and anr.
Madhya Pradesh
Sep-14-1994
Family
Indian Succession Act, 1925 - Sections 63, 286 and 299
I(1995)DMC565
death of Heeralal in the year 1973. Heralal died on 15.9.1973.4. An application for grant of probate under Section 286 of the Indian Succession Act, 1925 was filed by Smt. Kamalrani claiming the estate of Heeralal on the … M.V. Tamaskar, J.1. This Misc. Appeal under Section 299 of the Indian Succession Act, 1925, has been filed against the order dated 21.3.1990 passed by the 1st Additional Judge to the Court of
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
M.K. Srinivasan and Kannan Vs. Rangarajan
Chennai
Nov-28-2007
Family
Indian Succession Act, 1865; Indian Succession Act, 1925 - Sections 2, 264, 265, 266, 270, 273, 278, 286, 295, 299, 384(1), 388, 388(1) and 388(2); Probate and Administration Act, 1881 - Sections 87; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 23; Punjab Civil Courts Act, 1918 - Sections 30; Central Provinces Courts Act, 1917 - Sections 19; Bombay Civil courts Act, 1869 - Sections 28A; Madras Civil Courts Act, 1873 - Sections 29(1); Madras City Civil Courts Act, 1892; Tamil Nadu Civil Courts Act, 1873 - Sections 12, 13, 29, 29(1), 29(2) and 29(3); Tamil Nadu Civil Courts (Amendment) Act, 1995 - Sections 4(2); Tamil Nadu Civil Courts (Amendment) Act, 2004; Bombay Civil Courts [Extension and Amendment] Act, 1958 - Sections 8; Succession Certificate Act - Sections 26; Chenna
(2008)1MLJ435
R. Rama Subbarayalu Reddiar v. Rengammal, wherein at pages 321 to 323, it is observed as follows:.The Indian Succession Act, 1925, is a consolidating stature which repealed and re-enacted several statutes which dealt with succession to and protection of … for revocation of a grant originally made in a non-contentious proceeding cannot even be decided by him [Vide Section 286] as the very filing of the application for revocation will raise a contest. A District Delegate can also
Tag this Judgment! AI Brief & AskAtma Ram Vs. Smt. Janki and ors.
Himachal Pradesh
Mar-11-1997
Property
Succession Act, 1925 - Sections 265, 286 and 288
AIR1998HP14
in dispute that Senior Sub Judge was delegate of District Judge appointed under Section 265 of the Indian Succession Act, 1925 (heerinafter referred to as 'the Act'), which clearly stales that appointment of District Delegate is made to grant … made to grant probate and letters of administration in non-contentious cases. It has been further made clear under Section 286 of the Act that a District Delegate shall not grant probate or letters of administration in any case
Tag this Judgment! AI Brief & AskMrs. Elizabeth Antony Vs. Michel Charles John Chown Lengera
Supreme Court of India
Apr-12-1990
Family
Succession Act, 1925 - Sections 227, 263, 283, 284, 285 and 286; Constitution of India - Article 136
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 … a caveat against the grant thereof has been entered until the notice has been given to the caveator. Section 286 deals with the power of a District Delegate and lays down that he shall not grant probate or
Tag this Judgment! AI Brief & AskKrishna Kumar Birla Vs. Rajendra Singh Lodha and ors.
Supreme Court of India
Mar-31-2008
Property
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
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 … spiritual well-being of deceased soul has no reference in judging validity of Will. -- Sections 275, 283 & 286: [S.B. Sinha & H.S. Bedi, JJ] Jurisdiction of Probate Court Held, It is limited to decide the genuineness
Tag this Judgment! AI Brief & AskRaghunath Rajaram Patil and ors. Vs. Harishchandra Pandurang Gaikwad a ...
Mumbai
Sep-20-2005
FamilyCivil
Indian Succession Act, 1925 - Sections 276, 286 and 295; Code of Civil Procedure (CPC) , 1908 - Sections 9; Bombay Civil Courts Act, 1869 - Sections 28A and 29A; Probate and Administration Act, 1881; Bombay High Court Rules - Rule 55
AIR2006Bom78; 2006(1)ALLMR662; 2006(1)MhLj79
No. 102/03. The said application is filed by respondents 1 to 3 under Section 276 of the Indian Succession Act, 1925 ('the said Act' for short) praying for grant of probate of the Will of deceased Anandibai Kashinath Patil … necessary to interfere with the impugned order.8. Section 276 of the said Act provides for petition for probate. Section 286 thereof states that the District Judge shall not grant probate or letters of administration in any case in
Tag this Judgment! AI Brief & AskVikas Vs. All Concerned
Madhya Pradesh
Apr-07-1994
Property
Succession Act, 1925 - Sections 286 and 287
AIR1995MP131
Case No. 4 of 1993, dismissing the application filed by the petitioner under Section 276 of the Indian Succession Act, 1925, for short, the 'Act', for grant of probate.2. The application for grant of probate was filed by the
Tag this Judgment! AI Brief & AskR. Rama Subbarayalu Reddiar Vs. Rengammal
Chennai
Jan-23-1962
Civil
Indian Succession Act, 1925 - Sections 265; ;Madras Civil Courts Act, 1873 - Sections 29(1); Indian Succession Act, 1925
AIR1962Mad450
They are (1) By virtue of a notification made by this Court under Sec. 265 of the Indian Succession Act, 1925, all subordinate Judges in the Madras Province have been appointed as ex officio District delegates under that enactment … in ILR 55 Mad 701: IR 1932 Mad 456. That was a case relating to a petition under Section 192 of the Indian Succession Act. It was contended @herein that the notification made under Sec. 29(1) of … in a non-contentious proceedings cannot even be decided by him (vide Sec. 286) as the very filing a the application for revocation will raise a
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