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Jane Antony and ors. Vs. V.M. Siyath and ors.

Court : Kerala

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 8, 33, 36 and 37 to 40; Motor Vehicles Act, 1988 - Sections 166; Indian Divorce Act, 1869 - Sections 19, 21 and 57; Hindu Marriage Act, 1955 - Sections 12 and 16; Domestic Violence Act, 2005; Hindu Adoptions and Maintenance Act, 1956 - Sections 2(1) and 6; Property Law (Amendment) Act, 1971; Status of Children Act, 1969 - Sections 3; Matrimonial Causes Act; Family Law Reform Act, 1969; Family Law Reform (Amendment) Act, 1987; Code of Criminal Procedure (CrPC) - Sections 125 and 125(1); Hindu Law; Muslim Law; Constitution of India - Article 32; Central Civil Service (Conduct) Rules; Bihar Government Servants' Conduct Rules, 1976

Reported in : 2009ACJ2272

the entitlement of compensation for respondent Nos. 4 and 5 with reference to the provisions of the Indian Succession Act, 1925, which is the law of succession applicable to the appellants. Counsel for the appellants relied on Section 33(a) … be first allocated to the widow and the balance should be distributed among lineal descendants, namely, the children. Section 36 provides that share of estate of the deceased among lineal descendants should be in accordance with Sections 37

Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others

Court : Allahabad

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 4, 15(1), 18, 24, 25, 29, 29(1) and (2), 36, 37 to 40 and 47; Indian Succession Rules, 1925 - Rules 6 and 39; Adoption of Children Act, 1926 - Sections 1(1) and 2, 3 and 5(2); Adoption of Children (Amendment) Act, 1949; Adoption Act, 1976 - Sections 39(2); Evidence Act, 1872 - Sections 50, 57(1); Hindu Adoptions and Maintenance Act, 1956 - Sections 12; Punjab Laws Act, 1872 - Sections 5 and 7; Oudh Estate Act, 1869; Sri Pratap Jammu and Kashmir Laws Consolidation Act, 1977; Constitution of India - Articles 13, 21 and 372; Bengal, Agra and Assam Civil Courts Act, 1887; Indian Majority Act, 1875; General Clauses Act, 1904 - Sections 3(57); Universal Declaration of Human Rights, 1948 - Article 16(1); International

Reported in : 2000(4)AWC3270

of U. P. is concerned, intestate succession of Indian Christians is governed by the provisions contained in Indian Succession Act, 1925 and any custom prevalent in the State in this regard would, for the purpose of succession be irrelevant … or between a man and his son, grandson, great grand-son or so downward in a direct descending line. Section 36 provides that rules for distribution of intestate's property [after deducting the widow's share, if he has left a

Dr. (Mrs.) Ruth Annamalai Vs. Mrs. Valliammai Achi, W/O of Late Dr. Al ...

Court : Chennai

Subject : Family

Acts : T.N. Court-fee and Suits Valuation Act, 1955 - Schedule - Sections 55, 56, 61 and 63 - Articles 1 to 6, 7, 11(K); Indian Succession Act, 1925 - Sections 222, 261, 264, 265, 266, 268, 276, 284, 295 and 299; High Court Original Side Rules - Order 25, Rules 4, 25, 55, 689, 690 and 692; Hindu Succession Act, 1956 - Sections 235; Code of Civil Procedure (CPC). 1908 - Sections 26, 75 to 78, 86, 87-B, 90 to 92, 94, 95, 100, 104, 141 and 144 - Order 41 Rule 1; Original Side Rules, 1956 - Order 2, Rules 2, 20 to 50, 51 to 68; Government of India Act, 1915; Indian Oaths Act, 1873; Transfer of Property Act, 1882; Parition Act, 1893; Guardians and Wards Act, 1890; Indian Divorce Act,1869; Specific Relief Act, 1877; Indian Arbitration Act, 1940; Indian Stamp Act, 1899;

Reported in : AIR1991Mad284

the plaintiff filed the O. P. No. 197 of 1988 under Ss. 222 and 276 of the Indian Succession Act, 1925 read with O. XXV, Rule 4 of the Original Side Rules. In the said petition, the petitioner sought … of Order II of Original Side Rules referred to above.Part II of the Code deals with Execution proceedings. Section 36 provides that the provisions of the Code relating to execution of the decrees will, so far as possible,

P.C. Cheriyan Vs. Agricultural Income-tax Officer and anr.

Court : Kerala

Subject : Direct Taxation

Acts : Kerala Agricultural Income Tax Act, 1950; Indian Succession Act, 1925; Travancore Christian Succession Act, 1092

Reported in : [1997]226ITR813(Ker)

Supreme Court in Mrs. Mary Roy v. State of Kerala, AIR 1986 SC 1011, it is the Indian Succession Act, 1925, that governs the party in the matter of intestate succession and not the Travancore Christian Succession Act. The … estate in question is held as tenants-in-common.6. Illustratively the order (exhibit P-8) shows the following observations:' As per Section 36 of the Indian Succession Act, the widow of P. C. Cheriayan (Sr.) is entitled to l/3rd share in

L. Bakthavatsalam and ors. Vs. R. Alagiriswamy (Died) and ors.

Court : Chennai

Subject : Property

Acts : Hindu Succession Act, 1956 - Sections 8, 14, 14(1), 14(2), 30 and 63; Central Act, 1986; Indian Succession Act, 1956; Evidence Act, 1872 - Sections 63, 65, 68, 69, 71 and 80; Specific Relief Act - Sections 34; Indian Registration Act, 1908 - Sections 58 and 60; Indian Succession Act, 1925 - Sections 63; Hindu Women's Right to Property Act, 1937 - Sections 3, 14, 15 and 16; Code of Criminal Procedure (CrPC) - Sections 145; Central Act, 1986; Code of Civil Procedure (CPC) - Order 2, Rule 2

Reported in : 2007(5)CTC513; (2007)6MLJ128

has not been taken note of by the learned First Appellate Judge. 45. Section 63 of the Indian Succession Act, 1925 speaks about the execution of unprivileged Wills, which reads as under:63. Execution of unprivileged Wills. - Every testator, … 190 - 5.41 acres(viii) G.S. No. 191 - 4.44 acres(ix) G.S. No. 192 - 3.52 acresTotal extent - 36.79 acres.12. The case of the plaintiff in O.S. No. 89 of 1983 was that R.V. Rangasamy Naidu died

A. Annapporani Vs. A. Mani and Others

Court : Chennai

Subject : Land Acquisition

law in respect of a Will/Settlement. 14. It is an avowed fact that Section 63 of the Indian Succession Act, 1925 deals with execution of unprivileged Wills and the same reads as follows: "Every testator, not being a soldier … (Prayer: Original Side Appeal preferred under Order 36 Rule 1 of the Original Side Rules, read with Clause 15 of the Letters Patent against the judgment

K.R. Patel (Dead) Through Lrs. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11(1), 160, 168 and 256(1); Bombay Public Trust Act, 1950 Sections 17, 18, 19, 20, 21, 29 and 36; Indian Succession Act, 1925 - Sections 2, 211, 222, 302, 317 and 366; Mussalman Wakf Validating Act, 1913; Official Trustees Act, 1913 - Sections 7(6); Income Tax Act, 1922 - Sections 4(3), 41 and 176(4); Administrators General Act, 1963

Reported in : AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44

trustees as trustees under the terms of the Will as well as under Section 211(1) of the Indian Succession Act, 1925. It was also held that the trust was public trust. The trust was registered on December 29, 1964.7. … Act and a proper register has to be maintained containing particulars of the properties of the trust. Under Section 36 of the Bombay Public Trust Act notwithstanding anything contained in the instrument of trust no sale of immovable

Laxmi and ors. Vs. Parameshwari Hengsu and ors.

Court : Karnataka

Subject : FamilyProperty

Acts : Hindu Succession Act, 1956 - Sections 2, 3(1), 4(1), 7(2), 8 and 30(1); Madras Aliyasanthana Act, 1949 - Sections 35, 35(2), 36, 36(3), 36(4), 36(5), 36(6) and 37; Indian Succession Act, 1925; Constitution of India - Article 254

Reported in : AIR1969Kant175; AIR1969Mys175; ILR1968KAR931; (1968)2MysLJ454

which is capable of being so disposed of by him, in accordance with the provisions of the Indian Succession Act, 1925 (39 of 1925) or any other law for the time being in force and applicable to Hindus. Explanation … the file of the District Munsiff, Mangalore, amounted to a partition within the meaning of sub-section (6) of Section 36(6) of the Madras Aliyasanthana Act. This was made the subject of issue No. 1. The trial court decided

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 … the property, but the administrator of the property. This is the very failure which permeates the impugned order. 36. In view of what we have discussed above, we have no doubt that the impugned order cannot be

Karthik Meyyappan and Others Vs. Sutha Devi and Another

Court : Chennai

Subject : Civil

respondents/plaintiffs. As per Section 68 of the Indian Evidence Act, 1872, coupled with Section 63(c) of the Indian Succession Act, 1925, the Will in question has to be marked only through an attesting witness. Under the said circumstances, a … (Prayer: Original Side Appeal preferred under Order XXXVI Rule 9 of O.S. Rules r/w Clause 15 of the Letters Patent against the order dated 06.04.2016 made