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N.Jagannathan. Vs.

Court : Chennai

Subject : Constitution

Acts : Tamil Nadu Court of Wards Act, 1902 - Section 60; Indian Succession Act, 1925 - Section 296; Madras High Court Original Side Rules - Order 25 Rule 65,; Constitution of India - Articles 215

of the repeated direction by this Court amounts to contempt of court.28. This Court is also aware of Section 296 of the Indian Succession Act, 1925, which is as follows:"Section 296. Surrender of revoked probate or letters of … submitted by Mr.Satish Parasaran, learned counsel appearing for one of the respondents in the appeals, under the Indian Succession Act, 1925 there is absolutely no provision enabling a party to send the Letters of Administration obtained from India to

Master Nitish Arora Vs. State of Delhi and ors.

Court : Delhi

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 263, 296 and 273; Limitation Act, 1963 - Schedule - Article 137; Code of Civil Procedure (CPC) - Sections 145 - Order 5, Rule 12, 20 - Order 9, Rule 13 - Order 39, Rules 1 and 2; Code of Criminal Procedure (CrPC) - Sections 145

Reported in : 141(2007)DLT21; 2007(94)DRJ407

of his minor son Master Nitish Arora, filed the present probate petition under Section 273 of the Indian Succession Act, 1925 on the 18th August, 1998. By this petition probate of an alleged will dated 27th May, 1998 purportedly

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, … 299 provides for an appeal from the orders passed by the District Judge in the proceedings.Sections 295 and 296 read thus:'295. Procedure in contentious cases.-In any case before the District Judge in which there is contention, the

The State of Rajasthan and Ors. Vs. Lord Nothbook and Ors.

Court : Supreme Court of India

Subject : Right to Information

immovable properties of Sh. Raja Sardar Singh. First one was the application under Section 195 of the Indian Succession Act, 1925 and the application under Section 192 for the appointment of the Curator before the District Court at Jaipur. … the Constitution of India as bona vacantia.18. The vesting of property in the State as bona vacantia under Section 296 for failure of heirs, is sine qua non for the applicability of the Escheats Act and statutorily prescribed

Parmeshwar Prasad (Since Deceased) Lord Northbrook and Others Vs. Stat ...

Court : Delhi

Subject : Education

This judgment shall dispose of the Probate Petition filed by the petitioners under Section 276 of the Indian Succession Act, 1925 for grant of probate on the basis of the Will dated 30.10.1985 read with Codicil dated 7.11.1985. This … be a vacuum. During the course of these proceedings, the Court was informed that in pursuance to Article 296 of the Constitution of India, the State of Rajasthan has passed the Rajasthan Escheats Regulation Act, 1956 and

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 … II, p. 144, referred to.;Bhudat Singh v. Mangat Rai [1934] A.I.R. All. 296 and Annapurna Dasee v. Nalini Mohan Das (1914) I.L.R. 42 Cal. 10,

Narbheram Jivram Purohit Vs. Jevallabh Harjivan

Court : Mumbai

Subject : Civil

Reported in : AIR1933Bom469; (1933)35BOMLR998; 147Ind.Cas.362

and letters of administration to the estate of a deceased person are to be found in the Indian Succession Act, 1925. Chapter I of Part IX deals with the grant of probate and letters of administration. Chapter III deals … probate-Petition on testamentary side-Suit filed on original side for revocation of probate-Stay of suit-Indian Succession Act (XXXIX of 1925), Section 263-High Court, Rules, 1930, Rules 58, 60.;Under Rule 58 of the Rules of the High Court of Bombay, … never be safe in dealing with the property of the deceased.' It must also be remembered that under Section 296 of the Indian Succession Act when the grant is revoked, the person to whom the grant was made

Administrator General of Uttaranchal Vs. Additional District Judge 2nd ...

Court : Uttaranchal

Subject : Property

Acts : Administrators General Act, 1963 - Sections 8; Constitution of India - Article 296; Succession Act, 1925 - Sections 8

Reported in : AIR2005Utr18

has been passed by learned lower Court, as under:'Heard and perused the provisions of Section 8 of Indian Succession Act and perused the will. There is no need to issue notice to Administrator General. Hence, Issuance of notice … that the person opposing the testamentary case must have interest in the property of the deceased. Under Article 296 of the Constitution of India only the intestate property vests in the State for the want of rightful

Ganeshmal Vs. Smt. Anand Kanwar and ors.

Court : Rajasthan

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 214 and 214(1)

Reported in : AIR1968Raj273

application filed by him after his demise, without obtaining a succession certificate because Section 214(1)(b) of the Indian Succession Act, 1925 laid down a specific bar to that effect. In support of his argument, he has referred to Tejraj … v. Raj Rajeshwari Parsadsingh, AIR 1957 Pat 435 and Lal Kumari Devi v. Fulmati Kuer, AIR 1965 Pat 296 to support his argument.5. Since the question involved in the present appeal is based on the interpretation of

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

can grant letters of administration in contentious application Under Sections 295 and 296 of the Succession Act, 1925. After referring to the Notification of the … 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 … ORDERS.D. Shah, J.1. This Civil Revision Application, under Section 115 of the Code of Civil Procedure, is directed against the order below Exs. 150 and 152 in