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Commissioner, Jalandhar Division and ors. Vs. Mohan Krishan Abrol and ...
Supreme Court of India
Apr-02-2004
CivilProperty
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 - Sections 2, 3, 4, 5, 9, 10 and 15; ;Indian Succession Act, 1925 - Sections 57, 87, 211, 213 and 336; ;Indian Succession (Amendment) Act, 1962
AIR2004SC2060; (SCSuppl)2004(4)CHN77; 2004(4)CTC35; JT2004(4)SC139; (2005)139PLR224; 2004(4)SCALE163; (2004)7SCC505
was only a beneficiary under Clause 2 of the will and since under Section 211 of the Indian Succession Act, 1925 (hereinafter referred to as 'the 1925 Act),'the property had vested in the executors, the eviction proceedings under the … of action) vests in the executor(s) on the death of the testator. For purposes of deciding this matter, Section 336 of the Act is also relevant as it provides for assent of the executor to the legacy after
Tag this Judgment! AI Brief & AskNavnitlal Sakarlal Vs. Commissioner of Wealth-tax, Gujarat I
Gujarat
Mar-02-1974
Direct Taxation
[1977]106ITR512(Guj)
Tribunal. The Tribunal, after analysing the provisions of the will and discussing the relevant provisions of the Indian Succession Act, 1925, and the Act, held that the estate of deceased Balabhai vested absolutely in specified shares in the two … that the assent of the executor or administrator is necessary to complete a legatee's title to his legacy. Section 336 provides that when the executor or administrator is a legatee, his assent to his own legacy is necessary
Tag this Judgment! AI Brief & AskV.K.S. Bawa Vs. Assistant Commissioner of
Income Tax Appellate Tribunal ITAT Delhi
Sep-29-1995
Direct Taxation
(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 … or administrator of his interest in the subject-matter of the bequest and transfer the subject-matter to the legatee. Section 336 provides that an assent of the executor or the administrator gives effect to the legacy as from the
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Mt. Kulwanta Bewa and ors. Vs. Karam Chand Soni and ors.
Kolkata
Jun-08-1938
Property
AIR1938Cal714
mortgagee named in the deed, not having taken out letters of administration or a succession certificate, Section 214, Succession Act, 1925, is a bar to their recovering a decree. The plaintiffs met this objection in anticipation in their plaint … Roghu Nath v. Poresh Nath (1888) 15 Cal 54, Kanchan Modi v. Baij Nath Singh (1892) 19 Cal 336, Baid Nath Das v. Shamanand Das (1895) 22 Cal 143, Mahomed Yusuf v. Abdur Rahim Bepari (1899) 26
Tag this Judgment! AI Brief & AskAsstt. Commissioner of Wealth Tax Vs. Smt. Mrunalinidevi Puar of Dhar
Income Tax Appellate Tribunal ITAT Indore
May-30-2006
Direct Taxation
(2007)106ITD541Indore
Act so in order to find out its true meaning aid is necessarily to be taken from Indian Succession Act 1925 in which "executor" is defined as "a person to whom the execution of the last will of the … the Explanation to Section 168 of the Income-tax Act, observed that (page 336) : " It is clear from the express language of this section … in all these appeals.4. The Hon'ble High Court further noted that the appeal filed by the revenue under section under Section 27-A of the Wealth Tax Act against an order, dated 27/10/98, passed by I.T.A.T. in W.T.A.
Tag this Judgment! AI Brief & AskG.Ganesan and ors. Vs. P.Sundari and ors.
Chennai
Jan-12-2011
Family
Indian Succession Act, 1925 - Section 213(1)
ground that it was not probated as per law and so, as per Section 213 of the Indian Succession Act, 1925, the said document could not be proved in evidence in the suit. 5.However, it was the contention of … of action) vests in the executor(s) on the death of the testator. For purposes of deciding this matter, Section 336 of the Act is also relevant as it provides for assent of the executor to the legacy after
Tag this Judgment! AI Brief & AskKumud Lall versus Suresh Chandra Roy (Dead) Through Lrs and Others
Supreme Court of India
May-04-2026
[2026] 5 S.C.R. 301
to what extent.Headnotes†Consumer Protection Act, 1986 - ss.13(7), 2(b)(v) - Consumer Protection Act, 2019 - ss.38(12), 2(5)(vi) - Succession Act, 1925 - s.306 - Legal Representatives Suits Act, 1855 - Code of Civil Procedure, 1908 - Ord. 22, r.4 … heirs. On notice, both wife and son filed applications4 under Order XXII5 Rule 16 and 47 read with Section 1518 of Code of Civil Procedure (in short ‘CPC’) and Section 229 of 1986 Act, praying to drop
Tag this Judgment! AI Brief & AskHari Singh and ors. Vs. State and ors
Delhi
Jan-28-2011
Criminal
Indian Succession Act - Section 63; Code of Civil Procedure (CPC) - Order 1 Rule 10; Delhi Land Reforms Act - Section 50; Code of Criminal Procedure (CrPC) (Cr. P.C) - Section 145
the special requirement of attestation prescribed in the case of a Will by Section 63 of the Indian Succession Act, 1925. The onus to prove the Will is on the propounder and in the absence of suspicious circumstances surrounding … major chunk of the land bearing Khasra No. 75, 76, 78, 155, 227, 228, 230, 231, 232, 233, 336, 333 and 340 and were the subject matter of proceeding under Section 145 Cr.PC to which Shri Laiq
Tag this Judgment! AI Brief & AskChampa Poojari Vs. Manji Poojarthi
Karnataka
Nov-24-2020
Land Acquisition
is “Wasiyat”. The definition of the term “Will” has been given in Section 2 (h) of the Indian Succession Act, 1925 as follows: “(h) “will” means the legal declaration of the intention of a testator with respect to his
Tag this Judgment! AI Brief & AskVishwanath Dadu Gurav (D) Th. Lrs and Ors Vs. Dattatray Ganapati Gurav
Supreme Court of India
Nov-16-2015
Education
She was owner of certain properties in the Village. An application was moved under Section 276 of Indian Succession Act, 1925 before Civil Judge, Senior Division, Kolhapur, by appellant Vishwanath Dadu Gurav who sought probate of Will dated 11.9.1984,
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