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Jaldu Anantha Raghurama Arya Vs. Jaldu Bapanna Rao and ors.
Andhra Pradesh
Aug-08-1958
PropertyCivil
Succession Act, 1925 - Sections 69, 82, 92, 311 and 349; Partnership Act, 1932 - Sections 4; Code of Civil Procedure (CPC) , 1908 - Sections 11 - Order 6, Rule 17
AIR1959AP448
defendant'sAdvocate Rs. 250/-. (i) Property - will - Explanation to Section 69, 82, 92, 311 and 349 of Succession Act, 1925 - businessman died leaving behind large assets - expressed desire in will to bequeath his properties to relatives
Tag this Judgment! AI Brief & AskNarayana Kurup Vs. K.R. Manoharan and ors.
Kerala
Aug-01-1991
Family
Succession Act, 1925 - Sections 349; Code of Civil Procedure (CPC) , 1908 - Sections 151
AIR1992Ker310
of the Will.3. Contention of the revision petitioner is that under Section 151 of the C.P.C. or under Section 349 of the Indian Succession Act the Court has no power to allow the respondents to deposit the amount … O.P.) to withdraw the amount.2. The contention of the revision petitioner is that no provision in the Indian. Succession Act enables a party to approach the civil- court to make deposit of any amount meant for a legatee
Tag this Judgment! AI Brief & AskRamesh Chand (D) Thr. Lrs. versus Suresh Chand and Anr.
Supreme Court of India
Sep-01-2025
Land Acquisition
[2025]9S.C.R.339
u/s.53A of TP Act, which deals with Part Performance. Headnotes† Transfer of Property Act, 1882 - s.54 - Succession Act, 1925 - s.63 - Evidence Act, 1872 - s.68 - Respondent no.1/plaintiff filed suit no. 613/1997 for possession, mesne … file a suit for specific performance of the contract. [2025] 9 S.C.R. 349 Ramesh Chand (D) Thr. Lrs. v. Suresh Chand and Anr. 16. The … possession of the defendant No.1. • That the Will has not been proved in accordance with law. • Section 53A of the Transfer of Property Act is not attracted if the possession of the property is not
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Rajanikant Mansukhlal Vs. Kiko Ratilal
Mumbai
Jan-25-1932
Property
AIR1932Bom506; (1932)34BOMLR1124; 140Ind.Cas.206
the date of the death of the testator till the sale of the lands by the Receiver under Section 349 of the Indian Succession Act of 1925. The portion of the will relating to these legacies runs as … of the land were demonstrative legacies and fell within Section 150 and not Section 142 of the Indian Succession Act, 1925 :;Calow v. Calow [1928] 1 Ch. 710, Page v. Leapingwell (1812) 18 Ves. Jun. 463, and Fryer v.
Tag this Judgment! AI Brief & AskDerek A C Lobo Vs. Ulric M A Lobo(dead) By Lrs.
Supreme Court of India
Dec-07-2023
Land Acquisition
in proving the execution of the Will in terms of the provisions under Section 63 of the Indian Succession Act, 1925 (for brevity, ‘the Succession Act’) and Section 68 of the Indian Evidence Act, 1872 (for short, ‘the Evidence … state of mind, that he understood the nature and effect of the disposition and put his 6 AIR1958Cal 349 17 signature out of his own free will, and that he signed it in presence of the witnesses
Tag this Judgment! AI Brief & Askincome-tax Officer Vs. Smt. N.P. Saraswathi Ammal
Income Tax Appellate Tribunal ITAT Madras
Dec-24-1983
Direct Taxation
(1984)8ITD210(Mad.)
of the deceased of which she was the administrator under the will. Under Section 211 of the Indian Succession Act, 1925, all the property of the deceased person vests only in the administrator. Under Chapter VII of the Indian … Succession Act, the assent of the administrator is necessary to complete a legatee's title to his legacy. Under Section 349 of the Indian Succession Act, the legatee of a specific legacy is entitled to the clear produce thereof,
Tag this Judgment! AI Brief & AskRatanbai Karsetji Sunavala Vs. Narayandas Prayagdas
Mumbai
Feb-21-1927
FamilyProperty
AIR1927Bom478; (1927)29BOMLR900
the estate of Karsetji Jivaji was not represented, and under Section 212 of the Indian Succession Act of 1925 the plaintiffs could not establish any right to the deceased's property, unless letters of administration had first been … Section 190 of Act X of 1865, which has now been superseded by Section 212 of the Indian Succession Act 1926. This section says: 'No right to any part of the property of a person who has died … L.R. 227 and Dadabhoy Framjee v. Cowasji Dorabji I.L.R. (1922) 47 Bom. 349 24 Bom. L.R. 1111. Therefore, in my opinion, this contention is not
Tag this Judgment! AI Brief & AskPritpal Singh Sawhney (Deceased) Through Lrs. Vs.state and Ors.
Delhi
Sep-08-2017
Land Acquisition
the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This first appeal under Section 299 of the Indian Succession Act, 1925 impugns the judgment of the probate court below dated 5.6.2017 whereby the petition seeking probate/letters of administration of
Tag this Judgment! AI Brief & AskChanchal Kumar Das and ors. Vs. Pasupati Nath Das and ors.
Kolkata
Feb-04-2005
CivilFamily
Indian Succession Act, 1925 - Sections 59, 61 and 63; ;Evidence Act, 1872 - Sections 8, 11, 13, 40, 41, 42, 43, 44 and 54; ;Code of Civil Procedure (CPC) - Order 6, Rule 4; ;Code of Criminal Procedure (CrPC)
AIR2005Cal212,2005(2)CHN289
England and India are almost identical.Propounding a Will : The principle :3. Under Section 59 of the Indian Succession Act, 1925 Explanation 4 requires that the state of mind of the person making the Will shall be such that … upon, to displace the case made for proving the Will.Undue influence :3.5. In Craig v. Lamoureux, 1920 AC 349 (PC) dealing with undue influence, it was held that when once it is proved that a Will has
Tag this Judgment! AI Brief & AskGomtibai Vs. Kanchhedilal
Mumbai
Jun-14-1949
Family
(1950)52BOMLR5
appellant Gomtibai is the widow of the testator. She filed a caveat under Section 284(4) of the Indian Succession Act, 1925, on September 15, 1938. In her written statement she denied the testamentary capacity of the testator, alleged that … was executed under undue influence is on the party who alleges it' (Boyse v. Rossborough (1856) 6 H.L.C. 349. In the case just cited, it is also stated that (p. 48):Influence in order to be undue within
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