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Aug 02 1971

P.P. Sathya Bhama Vs. M.A. John and anr.

Court : Kerala

Decided on : Aug-02-1971

Subject : FamilyProperty

Acts : Code of Civil Procedure (CPC) , 1908 - Order 21, Rules 56, 58, 61, 63 and 83; Succession Act, 1925 - Sections 142, 332 and 333

Reported in : AIR1972Ker152

58, 61, 63 and 83 of Code of Civil Procedure, 1908 and Sections 142, 332 and 333 of Succession Act, 1925 - property in question attached and brought to sale in pursuance of decree obtained against one who was … the assent of the executor the legatee's right in a specific legacy will devolve on his personal representatives.17. Section 333 of the Indian Succession Act provides that the assent of the executor or administrator will divest his interest

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Jan 04 1973

K.P. Narayanan (for the Estate of Late P.K. Raman of Colombo) Vs. Comm ...

Court : Kerala

Decided on : Jan-04-1973

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 23(4) and 41; Indian Succession Act, 1925 - Sections 332; Evidence Act - Sections 41

Reported in : [1975]98ITR130(Ker)

compromise, annexure ' B ', cannot be taken to be an assent under Section 332 of the Indian Succession Act, 1925. This contention is noticed by the Tribunal in the last part of paragraph 8 of its order, annexure … is unnecessary to quote decisions for this proposition because the matter is now governed by sections 332 and 333 of the Indian Succession Act, 1925.11. This is the principle that has been applied by English judges in

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Oct 29 1991

Navnit Lal Sakarlal Vs. Commissioner of Income-tax

Court : Supreme Court of India

Decided on : Oct-29-1991

Subject : Direct TaxationFamily

Acts : Income-tax Act, 1961 - Sections 53, 55, 159, 168 and 256(1); Succession Act, 1925 - Sections 211(1), 332, 333 and 366

Reported in : AIR1992SC466; (1991)100CTR(SC)125; [1992]193ITR16(SC); JT1991(4)SC186; 1991(2)SCALE893; (1992)1SCC185; [1991]Supp1SCR585

clearly enunciated by Viswanatha Sastri, J. in Raghavalu Naidu, cited earlier, in these words:Chapter VII of the Indian Succession Act, 1925, succinctly defines the duties of executOrs. Shortly stated, it is their duty to clear the estate - to … the property in. the subject-matter of the bequests. Under Sections 332 and 333 of the Succession Act, the assent of the executor to a legacy … of the Revenue, the following question was referred to the High Court of Gujarat for its opinion under Section 256(1) of the Income Tax Act. 1961:Whether the Income Tax Appellate Tribunal was right in law in holding

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Sep 29 1995

V.K.S. Bawa Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Sep-29-1995

Subject : Direct Taxation

Reported in : (1996)56ITD232(Delhi)

completion of the administration of the will. Our attention was also invited to Section 211 of the Indian Succession Act, 1925 in support of the contention that the property vests in the executor though he is not the owner … 332 requires the assent of the executor or the administrator to complete the legatee's title in each case. Section 333 provides that an assent to a specific bequest will divest the executor or administrator of his interest in

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Oct 12 1982

Bhubaneshwar Singh and anr. Vs. Kanthal India Ltd. and ors.

Court : Kolkata

Decided on : Oct-12-1982

Subject : Company

Acts : Companies Act, 1956 - Sections 43A, 397 and 398; ;Foreign Exchange Regulation Act. 1973 - Section 29

Reported in : [1986]59CompCas46(Cal)

shares in favour of Mrs. Daphtary:My attention was drawn in this connection to Section 333 of the Indian Succession Act, 1925, which is in the following terms : '333(1). The assent of the executor or administrator to a special

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Aug 18 1949

Adeline Maude Ellanor Catchick Nee Robertson and anr. Vs. Sunderlal Da ...

Court : Kolkata

Decided on : Aug-18-1949

Subject : Family

Acts : Succession Act, 1925 - Sections 307, 332, 333 and 335; ; Succession Act, 1865 - Section 269

Reported in : AIR1950Cal559

[10] of 1865). The section, practically corresponds to Section 307 of the present Succession Act, XXXIX [39] of 1925. In the present case, the will and codicil do not impose any restriction on the powers of the … purported also to mortgage her life-estate.52. Reference was made to Sections 332, 333, 335, Succession Act, and it was urged that assent of the executors … realised and if so, when. No inventory or account which was required to in filed under Section 317, Succession Act, by the executrix, has been produced.24. The testamentary expenses would be a fairly large sum. The pecuniary legacies

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Jul 30 2014

Twinkle Jatin Khanna @ Twinkle Akshay Kumar Vs. Anita Advani

Court : Mumbai

Decided on : Jul-30-2014

Subject : Education

has limited effect and cannot deprive such party to seek revocation of probate u/s 263 of the Indian Succession Act 1925. Reliance is placed on the judgment of Supreme Court in case of Elizabeth Anthony Vs Mchel Charles John … of Elizabeth Anthony Vs Mchel Charles John Chown Lengera (1990) 3 SCC 333. The learned Counsel also placed reliance on the judgment of Supreme Court … the respondent filed another complaint before the learned Metropolitan Magistrate against the applicant and her family members under section 91 of the Criminal Procedure Code inter alia praying for production of original will of Mr. Rajesh Khanna.

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Jul 20 2017

Sudha Gupta vs.the State

Court : Delhi

Decided on : Jul-20-2017

Subject : Land Acquisition

Gupta and she instituted a petition for grant of letters of administration under Section 278 of the Indian Succession Act, 1925 in respect of the estate of her son, namely, flat No.A- 401, Pioneer Park, Gold Course Extension Road, … absolutely, or limited to the property within his own jurisdiction. In N.S. Chopra v. State 2014 SCC Only 333, this Court examined 4. Section 270 and 271 of the Indian Succession Act and observed that the Court

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Feb 02 1950

V.M. Raghavalu Naidu and Sons by Executors, C.G. Krishnaswami Naidu an ...

Court : Chennai

Decided on : Feb-02-1950

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 3, 10, 41 and 41(1)

Reported in : AIR1950Mad790; [1950]18ITR787(Mad); (1950)IIMLJ300

and when the executors of a will have become trustees and the legatees have become beneficiaries.18. Chapter 7, Succession Act, 1925, succinctly defines the duties of executors. Shortly stated it is their duty to clear the estate to pay … such assent, however, the legatee's right is only an inchoate one which is transmissible to his personal representatives. Section 333 states that when there is assent of the executor, then the executor is divested of his interest and

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Nov 08 1946

The Commissioner of Income-tax Vs. S. Ramsay Unger

Court : Chennai

Decided on : Nov-08-1946

Subject : Direct Taxation

Reported in : (1947)1MLJ38

obscure the realities of the situation. He drew attention to illustration (ii) to Section 333(2) of the Indian Succession Act, 1925, and urged that the assessee, having commenced to pay the instalments of the legacies, must be deemed to

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