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Madhukar Rajanna Darbhe Vs. Union of India (Uoi), Through the Secretar ...
Mumbai
Jun-22-2007
Property
Indian Succession Act, 1925 - Sections 2, 57, 213, 213(1) and 213(2); Succession Act, 1925 - Sections 3, 118 and 119; Indian Succession (Amendment) Act, 1962; Hindu Wills Act, 1870 - Sections 2; Indian Succession Act, 1865 - Sections 331; Hindu Disposition of Property Act, 1916; Constitution of India - Articles 14 and 19
2007(5)ALLMR339; 2008(2)BomCR418
of this Court in the case of Ramniklal v. Bhupendra Impex Pvt. Ltd., reported at : AIR2001Bom224 . Section 3 of Succession Act, 1925, conferring power on State to grant exemption from Section 213 is also pointed out. … challenged in these 2 Writ Petitions on the ground that provisions of Section 57(a) and (b) of Indian Succession Act, 1925, violate Article 14 and 19 of the Constitution of India with prayer to hold that Probate is required
Tag this Judgment! AI Brief & AskMary Assumption Trinidade Etc. Vs. Vincent Manuel Trinidade and ors.
Delhi
Aug-14-1975
FamilyProperty
Delhi High Court Act, 1966 - Sections 5(2); Succession Act, 1925 - Sections 2 and 273; Code of Civil Procedure (CPC), 1908 - Order 2, Rule 2; General Clauses Act, 1897 - Sections 3(28)
ILR1976Delhi95
effect of the aforesaid conclusion, it was held, negativing the contention of the respondents herein that the Indian Succession Act, 1925 did not then extend to Goa that on the annexation of Goa, the Succession Act was automatically extended … Courts had concurrent testamentary and intestate jurisdiction with the District Judges. The expression 'District Judge' was defined by Section 3(17) of the General Clauses Act, 1897 as meaning, 'the Judge of a principal civil Court of original jurisdiction,
Tag this Judgment! AI Brief & AskShri Mahaveerdas Shastri Vs. Shri Sadguru Seva Sangh and anr.
Madhya Pradesh
Jul-29-2003
Family
Indian Succession Act, 1925 - Sections 63 and 68; Transfer of Property Act, 1882 - Sections 3; Evidence Act, 1872 - Sections 45, 47, 68 and 73; Indian Registration Act
2004(1)MPHT383
The law regarding to execution and attestation of a Will is enshrined in Section 63 of the Indian Succession Act, 1925 which reads as under :--'63. Execution of unprivileged Wills.-- Every testator, not being a solider employed in an … The word 'attested' has not been defined in the Indian Succession Act. However, it has been defined in Section 3 of the Transfer of Property Act, 1882 which reads thus :--'attested', in relation to an instrument, means [and
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Anthappa (Deceased) by His Testamentary L.Rs Vs. Distinappa Alias Subb ...
Karnataka
Nov-23-2005
FamilyConstitution
Indian Succession Act, 1865 - Sections 332 and 832; Indian Succession Rules; Hindu Law; Adaptations of Law Order, 1950; Indian Succession Act, 1925 - Sections 3, 3(1), 3(2), 3(3), 29(2) and 392; General Clauses Act - Sections 3, 4A and 24; Constitution of India - Articles 13, 13(1), 13(3), 14, 15 and 372
AIR2006Kant60; ILR2006KAR1576; 2006(1)KarLJ270
in force and full effect in view of the provisions of Section 3(1) and 3(2) of the Indian Succession Act, 1925?2. Does the notification referred to immediately herein supra stand impliedly repealed by the provisions of Section 392 of
Tag this Judgment! AI Brief & AskMathew Luke Vs. State of Kerala
Kerala
May-27-2004
Constitution
Constitution of India - Article 226; Succession Act, 1925 - Sections 3
2004(2)KLT681
properties made by several Christian families in Kerala. The Apex Court declared that the provisions of the Indian Succession Act, 1925 (hereinafter referred to as the Act) will govern intestate succession of Christians, thought to be governed till that … Secretary to take action on certain representations filed by the Council, praying to issue an exemption notification under Section 3 of the Indian Succession Act. The brief facts of the case are the following:-2. The declaration of law
Tag this Judgment! AI Brief & AskM.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 … of the learned District Munsif-cum-Judicial Magistrate, Thirukkazhukundram, which has no jurisdiction to try the testamentary succession, as per Section 2[bb] of the Indian Succession Act and prayed for passing necessary orders to call for the original petition … Chengalpattu. Besides, the pecuniary jurisdiction of the case works out to Rs. 34,000/- triable by Sub Court and that this Court has ordered for transmission
Tag this Judgment! AI Brief & AskEwanlangki-e-rymbai and Elaka Jowai Secular Movement Vs. Jaintia Hills ...
Supreme Court of India
Mar-28-2006
ElectionConstitution
United Khasi Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959 - Sections 2, 3 and 3(1); Jowai District as an autonomous District the Jowai Autonomous District Act, 1967; Succession Act, 1925 - Sections 57, 118, 213 and 213(1); Chotanagar Tenancy Act, 1908 - Sections 7, 8 and 76; Assam Autonomous Districts (Constitution of District Councils) Rules, 1951; United Khasi Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Rules; United Khasi Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Regulations
AIR2006SC1589; JT2006(4)SC139; 2006(3)SCALE562; (2006)4SCC748
: AIR2003SC2902 , wherein this Court considered the challenge to the constitutional validity of Section 118 of the Succession Act, 1925. The aforesaid provision was struck down by this Court on the ground of arbitrariness violating Article 14 of … is represented by its Vice Chairman and Executive Member. In both the writ petitions the constitutional validity of Section 3 of the United Khasi Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959 (hereinafter
Tag this Judgment! AI Brief & AskK.R. Rajalakshmi Devi (Deceased) by L.Rs Vs. K.R. Chandrasekhar
Karnataka
Jun-12-1997
Family
Indian Succession Act, 1925 - Sections 59, 61, 63 and 289; Evidence Act, 1872 - Sections 3, 67 and 68; Registration Act, 1908 - Sections 45 and 47; Constitution of India - Article 136
1998(3)KarLJ634
circumstance by placing satisfactory evidence on record. The Supreme Court in the said decision held as follows: '(B) Succession Act (1925), Section 61 -- Will --Genuineness -- Proof -- Failure of plaintiff to remove suspicious circumstances by placing satisfactory material … Will might be unnatural and might cut off wholly or in part near relations. (c) Evidence Act (1872), Section 3 -- Appreciation of evidence -- Evidence of attesting witnesses to a Will --Slight discrepancy as to time of
Tag this Judgment! AI Brief & AskDevisingh S/O Balaramsingh Raghuwanshi and ors. Vs. Smt. Shailabai Wd/ ...
Mumbai
Apr-24-1994
Family
Hindu Succession Act, 1956 - Sections 6 and 30; Indian Succession Act, 1925 - Sections 63 to 68; Evidence Act, 1872 - Sections 3, 59, 60, 61 and 101
1996(2)BomCR183
of the Will has to be proved in accordance with the provisions of section 63 of the Indian Succession Act, 1925. Further, they have to prove that it is the last Will of the testator. It is then not … tree is as follows :Lalsingh|Balramsingh Deft. No. 1 (since died) Hirabai (wife) Deft. No. 2| |Devising Deft. No. 3 Vijaysingh Deft. No. 5 Rajendrasingh Died on 13-10-1979| |Surjitsingh (Deft. No. 4) Shailabai (wife) (plff.)|Jagjitsingh died on 11-8-1979The
Tag this Judgment! AI Brief & AskJohn Vallamattom and anr. Vs. Union of India (Uoi)
Supreme Court of India
Jul-21-2003
PropertyConstitution
Constitution of India - Articles 13, 14, 15, 25, 26, 27, 32, 44 and 372; Indian Succession Act, 1925 - Sections 3, 4, 5 to 49, 51, 58 to 191 and 212; Charitable Uses Act, 1735; Mortmain and Charitable Uses Act, 1888; Indian Succession (Amendment) Act, 1891; Charities Act, 1960; Indian Succession Act, 1865; Transfer of Property Act, 1882 - Sections 18; Code of Civil Procedure (CPC) , 1908 - Sections 92; Hindu Succession Act, 1956; Sections 213 of the Indian Succession Act; Indian Divorce Act
AIR2003SC2902; 2003(5)ALD51(SC); 2004(5)ALLMR(SC)283; 2003(4)AWC2689(SC); 2003(3)CTC418; [2003(4)JCR44(SC)]; JT2003(6)SC37; 2003(3)KLT66(SC); 2003(5)SCALE384; (2003)6SCC611
Act, 1925 was enacted in the year 1925, by reason whereof, the Indian Succession Act, 1865 was repealed. Section 3 of the Act confers power on the State Government to exempt any race, sect or tribe residing therein … Constitution of India we are concerned with the constitutionality of the provisions of Section 118 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act').2. Petitioner No. 1 is an Indian citizen and is a Christian Priest
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