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G.F.F. Foulkes and ors. Vs. A.S. Suppan Chettiar and anr.

Court : Chennai

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 8 - Order 20, Rule 13 and 13(2); Succession Act, 1925 - Sections 307, 307(1), 323 and 360; Trusts Act, 1882 - Sections 68 and 93

Reported in : AIR1951Mad296; (1950)2MLJ220

rateably, any rights enforceable against the creditors who have been paid in full or in excess Section 323, Succession Act, 1925, replaced Section 282, Succesaion Act, 1865, and Section 104, Probate and Administration Act, 1881. Section 282, Succession Act, … satisfaction of their debts as a result of the sales. They are Section 323 and the proviso to Section 360, Succession Act. Section 323 is ag follows :'Save as aforesaid, no creditor shall have a right of priority

Mathuradas Vassanji Vs. Raimal Hirji

Court : Mumbai

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 … and rateably as far as the assets of the deceased extend : Indian Succession Act, Section 323 and Section 360, proviso.5. It is admitted that the executrix committed a breach of the duty of equal and rateable payment

Jessie Josephine Garrad (Decd.) and ors. Vs. Millicent Ann Harding

Court : Chennai

Subject : Family

Acts : Succession Act, 1925 - Sections 180 and 360; State Railway Provident Fund Rules - Rule 14(6)

Reported in : AIR1964Mad227

court. There will be no order as to costs. Family - will - Sections 180 and 360 of Succession Act, 1925 and Rule 14 (6) of State Railway Provident Fund Rules - clear intention manifested by terms of will … contribution to provident fund but other assets admittedly owned by the deceased. Under the circumstances, the provisions of Section 180 of the Indian Succession Act, would come into operation.'The learned Judge proceeded to examine that provision of

Rajanikant Mansukhlal Vs. Kiko Ratilal

Court : Mumbai

Subject : Property

Reported in : AIR1932Bom506; (1932)34BOMLR1124; 140Ind.Cas.206

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. … ill. (vii) in Section 142 of the Indian Succession Act. The last case, Fryer v.Morris (1804) 9 Ves. 360 cited on behalf of the appellant, does not apply to the facts of the present case.6. Having regard

Mahagopal Singh (Died) Per L.R. and ors. Vs. Neela Singh and ors.

Court : Andhra Pradesh

Subject : FamilyCivil

Acts : Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68 and 114; Transfer of Property Act - Sections 3; Transfer of Property (Amendment) Act, 1927; Indian Registration Act, 1908

Reported in : 2008(6)ALT154

No. 1 does not satisfy the requirement to prove the will as per Section 63 of the Indian Succession Act, 1925. In support of the said contention, he placed reliance on the judgment of Khusbir Singh v. StateAs per … Court in Gnambal Ammal v. Raju Ayyar : [1950]1SCR949 , Ram Gopal v. Aplna Kunwar AIR 1922 PC 360 and a Division Bench of this Court in R. Kameswara Rao v. B. Surya Prakasa Rao : AIR1962AP178

Crystal Developers Vs. Smt. Asha Lata Ghosh (Dead) Through Lrs. and or ...

Court : Supreme Court of India

Subject : PropertyFamily

Acts : Indian Succession Act, 1925 - Sections 2, 59, 61, 63, 211, 211(1), 212, 213, 213(1), 214, 216, 218, 218(1), 218(2), 219, 220, 221, 222, 227 235, 263, 273, 278, 297, 307, 317 and 332; ;Transfer of Property Act - Sections 41; ;Evidence Act - Sections 41 and 68; ;Code of Civil Procedure (CPC) - Order 23, Rule 3B; Indian Succession Act, 1865 - Sections 234; Constitution of India - Article 136

Reported in : AIR2004SC4980; 2005(1)ALD1(SC); 2005(5)ALLMR(SC)64; (2005)1CALLT45(SC); 2004(5)CTC121; JT2004(9)SC64; (2004)4MLJ172(SC); 2004(8)SCALE390; (2005)9SCC375

adopted the arguments advanced on behalf of defendant No. 14 and submitted that under section 211 of Indian Succession Act, 1925, the estate of the deceased testator vests in the executor from the date the will becomes enforceable, i.e. … in any Court without probate.38. In Komollochun Dutt and Ors. v. Nilruttun Mundle, reported in ILR 4 Cal. 360 it has been held that the property of the testator vests in the executor by virtue of the

Kissondas Premchand Vs. Jivatlal Pratapshi and Co.

Court : Mumbai

Subject : Commercial

Reported in : AIR1936Bom423; (1936)38BOMLR864

6 Bom. L.R. 853, doubted.;Mathuradas v. Raimal (1935) 37 Bom. L.R. 642, commented on.;Section 323 of the Indian Succession Act, 1925, merely lays down a rule of procedure that must be followed by an executor or administrator. It is … turn. Mr. Bilimona bases his claim first on the rule contained in Section 323 and the proviso to Section 360 of the Indian Succession Act- Then he relies on the case of David v. Frowd (1833) 1 My.

Jayanand Jayant Salgaonkar and Others Vs. Jayashree Jayant Salgaonkar ...

Court : Mumbai

Subject : Land Acquisition

otherwise, they submit, would be to put these corporate statutes in direct and irreconcilable conflict with the Indian Succession Act, 1925. For, Mr. Shah and Mr. Tamboly say, not only would succession by intestacy be defeated by a corporate … 18.), Dr. M. Ismail Faruqi v Union of India, (1994) 6 SCC 360 : AIR 1995 SC 605; Kokate, paragraph 21.)Municipal Corporation of Greater Bombay … 29A of the SEBI (Mutual Fund) Regulations, 1996. Defendant No.6 makes a similar claim on the basis of Section 45-ZA of the Banking Regulation Act, 1949 in respect of a fixed deposit receipt for Rs.50 lakhs with

Shakti Yezdani and Others Vs. Jayanand Jayant Salgaonkar and Others

Court : Mumbai

Subject : Education

the law of inheritance? (iii) Whether a bequest made in a Will executed in accordance with the Indian Succession Act, 1925 in respect of shares or securities of the deceased supersedes the nomination made under the provisions of Sections … Kokate's case, in paragraphs 24 and 25, it was held thus: 24. In the light of these judgments section 109A of the Companies Act is required to be interpreted with regard to the vesting of the shares … in the case of Gajanan and Others v. Seth Brindaban (1970(2) SCC 360)and in particular Paragraph 15 thereof which reads thus: 15. There is also

Hazara Singh and ors. Vs. Banta Singh and ors.

Court : Punjab and Haryana

Subject : Family

Acts : Indian Succession Act - Sections 63, 119 and 120(1);

Reported in : AIR1960P& H257

that the will had not been executed in accordance with the provisions of section 63 of the Indian Succession Act. 2. that the will gave absolute estate to Mst. Tabi and Mst. Chandar Kaur, and Nathu could not … Mst. Tabi and Mst. Chandar Kaur their share was also to go to Nathu. On the 13th February, 1925, the entire property was mutated in the name of Mst. Tabi and Mst. Chandar Kaur, but on a … and they should, under the deed executed by me, pay annually, Rs. 360/- to Mussammat Lachhmi Chowdhurain....' There were no restrictions at all placed on