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Gotiram Nathu Mendre Vs. Sonabai and ors.

Court : Mumbai

Subject : Property

Acts : Limitation Act, 1908 - Sections 91 - Schedule - Articles 44 and 91; Limitation (Amendment) Act, 1963 - Sections 59 - Schedule - Article 59; Indian Succession Act, 1925 - Sections 2, 211, 307, 307(1) and 307(2); Code of Civil Procedure (CPC), 1908 - Order 32, Rule 7(1) - Order 41, Rule 25; Bombay Rent Act, 1947; Constitution of India - Article 19(1)

Reported in : AIR1970Bom73; (1969)71BOMLR157; ILR1969Bom402

the case, there will be no order as to costs throughout.22. Appeal dismissed. Indian Succession Act (XXXIX of 1925), Section 307 - Whether word 'restriction' in Section 307(2) includes total prohibition--Transfer voidable in terms of Section 307(2) (iii) whether … No. 1 contended that Sakhubai was constituted an 'executor within the meaning of Section 2(c) of the Indian Succession Act, 1925, which defines an executor as meaning a person to whom the execution of the last will of a

G.F.F. Foulkes and ors. Vs. A.S. Suppan Chettiar and anr.

Court : Chennai

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 8 - Order 20, Rule 13 and 13(2); Succession Act, 1925 - Sections 307, 307(1), 323 and 360; Trusts Act, 1882 - Sections 68 and 93

Reported in : AIR1951Mad296; (1950)2MLJ220

rateably, any rights enforceable against the creditors who have been paid in full or in excess Section 323, Succession Act, 1925, replaced Section 282, Succesaion Act, 1865, and Section 104, Probate and Administration Act, 1881. Section 282, Succession Act, … alienees must stand, unless the purchasers were privy to a breach of trust committed by the administrator. Under Section 307(1), Succession Act, an executor or administrator has power to dispose of the property of the deceased, vested in

PerIn Ardeshir Dalal Vs. Roshan Erach Minbattiwala and ors.

Court : Mumbai

Subject : Family

Acts : Succession Act, 1925 - Sections 211(1), 227 and 307; Code of Civil Procedure (CPC) , 1908 - Order 32, Rule 9

Reported in : 2002(4)BomCR187

Dalal were as per the provisions of section 211 sub-clause (1), section 227 and 307 of the Indian Succession Act, 1925. He pointed out that defendant No. 1 was appointed as the Executor of the last Will of the

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 … provisions of Indian Succession Act such as Ss. 227, 273, 294 and 307 will be rendered meaningless. He submitted that under Section 9 of the … 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

Hussain A. JodhpurwalaVs. Yusuf A. Jodhpurwala and Others

Court : Chennai

Subject : Land Acquisition

affidavits given for granting Letters of Administration in pursuance to the provisions of Section 278 of the Indian Succession Act, 1925 (Act 39 of 1925), hereinafter referred to as the said Act ?, could be construed as consent under … (Act 39 of 1925), hereinafter referred to as the said Act ?, could be construed as consent under Section 307 thereof. 10. It is also sought to be pleaded in the appeal that keeping in mind the documents

Sunil Kumar Kerr Vs. Sisir Kumar Kerr

Court : Mumbai

Subject : FamilyProperty

Reported in : (1940)42BOMLR394

in them as trustees, and that, accordingly, the powers conferred on executors by Section 307 of the Indian Succession Act, 1925, were no longer available to them. Whether this consequence would result from ascent need not here be determined.

Tincowri Pramanik Vs. Narayan Chandra Mukherjee and anr.

Court : Kolkata

Subject : FamilyProperty

Acts : Succession Act, 1925 - Section 307 and 307(2)

Reported in : AIR1957Cal364

It is now well settled that the powers of the executors in India as provided in Section 307, Succession Act, 1925 (corresponding to Section 269, Succession Act, 1896 (Act X of 1896) ) are, at least, as extensive as

Ahronee Shemail Vs. Sheikh Ahmed Omer

Court : Mumbai

Subject : Family

Reported in : (1931)33BOMLR1056

2, 3, 4 and 7 could avoid the mortgage, as permission of the Court was not obtained under Section 307 of the Indian Succession Act of 1925. The learned Judge also held that defendants Nos. 2 to 7 … considered to indicate the testamentary intention of the deceased. According to Section 2, Clause (A), of the Indian Succession Act, 1925, 'will means the legal declaration of the intention of a testator with respect to his property which he

Maneklal Manilal Gujar Vs. Keshav Kishan Bari

Court : Mumbai

Subject : PropertyFamily

Reported in : (1937)39BOMLR1094; 173Ind.Cas.790

1877), Sections 38, 41-Hindu widow-Executrix-Powers of the widow limited by terms of will.;Under Section 307 of the Indian Succession Act, 1925, a Hindu executor is entitled to deal with the property of his testator in the same manner as

Crystal Developers Vs. Smt. Asha Lata Ghosh (Dead) Through Lrs. and or ...

Court : Supreme Court of India

Subject : PropertyFamily

Acts : Indian Succession Act, 1925 - Sections 2, 59, 61, 63, 211, 211(1), 212, 213, 213(1), 214, 216, 218, 218(1), 218(2), 219, 220, 221, 222, 227 235, 263, 273, 278, 297, 307, 317 and 332; ;Transfer of Property Act - Sections 41; ;Evidence Act - Sections 41 and 68; ;Code of Civil Procedure (CPC) - Order 23, Rule 3B; Indian Succession Act, 1865 - Sections 234; Constitution of India - Article 136

Reported in : AIR2004SC4980; 2005(1)ALD1(SC); 2005(5)ALLMR(SC)64; (2005)1CALLT45(SC); 2004(5)CTC121; JT2004(9)SC64; (2004)4MLJ172(SC); 2004(8)SCALE390; (2005)9SCC375

adopted the arguments advanced on behalf of defendant No. 14 and submitted that under section 211 of Indian Succession Act, 1925, the estate of the deceased testator vests in the executor from the date the will becomes enforceable, i.e. … that the act of disposition performed by the executor is binding on the estate of the deceased under Section 307 as long as the said disposition is compatible with the administration of the estate. It was submitted that