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Feb 06 2004

Amalorpava Mary and A. Arputha Josephine Vs. Kulandai Ammal,

Court : Chennai

Decided on : Feb-06-2004

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 63, 278, 287 and 384

Reported in : AIR2004Mad291; 2004(2)CTC502; (2004)1MLJ634

of Innasi Ammal, the appellants have filed the above appeal before this Court under Section 384 of Indian Succession Act, 1925.2. For convenience we may refer the parties as described in O.P. No. 278 of 87. In the matter … also relies on a decision of this Court in Andal Ammal, In re, reported in 1968 I MLJ 356.8. There is no dispute that the parties in this appeal are Christians, and the provisions of Indian Succession

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Sep 01 2025

Ramesh Chand (D) Thr. Lrs. versus Suresh Chand and Anr.

Court : Supreme Court of India

Decided on : Sep-01-2025

Subject : Land Acquisition

Reported in : [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 … the Succession Act, that is to say: 9 (2023) 9 SCC 734 356 [2025] 9 S.C.R. Supreme Court Reports (a) The testator shall sign or … 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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Mar 04 1935

Mathuradas Vassanji Vs. Raimal Hirji

Court : Mumbai

Decided on : Mar-04-1935

Subject : PropertyFamily

Reported in : AIR1935Bom385; (1935)37BOMLR642; 159Ind.Cas.533

pay the claims of all creditors in full, the executor is bound, under Section 323 of the Indian Succession, Act, 1925, to pay them equally and rateably so far as the estate of the deceased, permits. It is not … under the order of a Court to refund, if the assets are insufficient to pay all the legacies (Section 356), or to discharge a debt of which he had no notice (Section 359), and a creditor may under

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Feb 28 1930

N. Namberumal Chetti Vs. Veeraperumal Pillai and ors.

Court : Chennai

Decided on : Feb-28-1930

Subject : Family

Reported in : AIR1930Mad956; (1930)59MLJ596

the legacy as administrator of Aparanji's estate, from establishing his claim to the legacy?13. Section 213 (1), Indian Succession Act, 1925, says:No right as executor or legatee can be established in any Court of Justice, unless a Court of … decision applies to the present case. The decision in Henson In re; Chester v. Heinson (1908) 2 Ch. 356 does not help the respondent. That decision only shows that the purchaser or mortgagee is not bound to

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Apr 13 1993

Commissioner, Corporation of the City of Bangalore, Bangalore Vs. S. R ...

Court : Karnataka

Decided on : Apr-13-1993

Subject : Land Acquisition

Acts : Code Of Civil Procedure (CPC), 1908 - Order 41 Rule 1, Section 96; Indian succession Act, 1925 - Section 303

Reported in : 1993(2)KarLJ521

he was competent to do so as an executor de son tort under Section 303 of the Indian succession Act, 1925. In the alternative he submitted that the appeal filed by the defendants was against a dead person and … last decision relied on by the appellants is bai pani vankar v madhabhai calabhai paiel, AIR 1953 Bombay 356 in which the learned chief Justice chagla in paragraph 2 has observed as under :"now part from authorities,

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Sep 15 2022

Iqbal vs St.George Chruch,

Court : Kerala

Decided on : Sep-15-2022

be proved otherwise than by recourse to Section 68 of the Act and Section 63 of the Indian Succession Act, 1925 as has been held time and again. The general provisions of Section 58 of the Act has obviously

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Jan 09 2025

Smt N Vasundaramma vs Nil

Court : Karnataka

Decided on : Jan-09-2025

Karnataka …APPELLANTS (BY SRI. VIJAY A.M., ADVOCATE) AND: NIL …RESPONDENT THIS MFA IS FILED UNDER SECTION 384 INDIAN SUCCESSION ACT, 1925 AGAINST THE ORDER DATED -2- 01.10.2024 PASSED IN P AND S.C.No.356/2024 ON THE FILE OF THE XVI ADDITIONAL

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Apr 01 2024

Shri Chakkalarappa, vs Smt Ashwathmma,

Court : Karnataka

Decided on : Apr-01-2024

Judgment and Decree passed by the Trial Court and consequently dismissed the appeal.14. Section 63(c) of the Indian Succession Act, 1925, reads as under: " The Will shall be attested by two or more witnesses, each of whom has

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Dec 14 2006

Official Trustee of West Bengal Vs. Stephen Court Ltd.

Court : Supreme Court of India

Decided on : Dec-14-2006

Subject : FamilyProperty

Acts : Official Trustees Act, 1913 - Sections 10, 13, 22, 25 and 26; Indian Succession Act, 1925 - Sections 302; Companies Act, 1913; Official Trustee (Amendment) Act, 1925; Registration Act; Indian Trusts Act, 1882 - Sections 3; Succession and Probate Duties Act, 1892 - Sections 4; Succession and Probate Duties (Amendment) Act, 1955; Trustee Act, 1850 - Sections 37, 356, 426; City Civil Courts Act; Transfer of Property Act - Sections 53A; Code of Civil Procedure (CPC) - Sections 11; Constitution of India - Article 136

Reported in : 2006(14)SCALE285

of the Official Trustees Act, 1913 (for short, 'the 1913 Act') as also Section 302 of the Indian Succession Act, 1925 (for short, 'the Succession Act') falls for consideration in this appeal, which arises out of a judgment and … who has obtained a decree for administration and sale of real estate (Re Wragg, I D.G.J. & S. 356); and also it seems, a purchaser under a decree who has paid his purchase money into Court (Ayles

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Mar 25 1981

E.A.V. Krishnamurthy and Son Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Mar-25-1981

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36, 36(1), 36(2) and 41(4)

Reported in : [1985]152ITR640(Mad)

held that, in the circumstances of that case, there was no discontinuance of the business, but only a succession to the business from the joint family to a partnership firm. Jagadisan J., speaking for the Bench, observed … representing the correct legal position under s. 36(2)(i)(a) of the Act (p. 356, 357) : 'If in a given case, the income of a business … J. 1. This is a case stated by the Income-tax Appellate Tribunal under s. 256(1) of the I.T. Act, 1961. The first question, which falls for our decision in this case is : 'Whether, on the facts … debts aggregating to Rs. 5,276 was not admissible as the requirements of section 36(2)(i)(a) of the Income-tax Act, 1961, were not satisfied ?' 2. The

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