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Smt. Ganga Dei and ors. Vs. Smt. Munia

Court : Allahabad

Subject : Civil

Acts : Succession Act, 1925 - Sections 373(4) and 375

Reported in : AIR1966All107

be 1/14.Cost on parties. Stay order is vacated. Civil - succession - Sections 373 (4) and 375 of Succession Act, 1925 - debts - grant of succession certificate - held, one certificate can be granted to most suited person … shall be granted to the applicants to the extent of their interest in the estate of the deceased.5. Section 375 of the Succession Act also indicates that the certificate can be granted to only one person though to

Employment Officer Vs. Sevarinathan

Court : Karnataka

Subject : FamilyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(2) and 2(14) - Order 21; Indian Succession Act, 1925 - Sections 374 and 375

Reported in : ILR1985KAR317

'order' within the meaning of the Code of Civil Procedure and is not executable under Order 21.;(B) INDIAN SUCCESSION ACT, 1925 (Central Act No. 39 of 1925) Sections 374 and 375 -- Grant of Succession Certificate only empowers recovery … certificate does not amount to a decree or order within the meaning of the 'Code of Civil Procedure.8. Section 375(2) of the Indian Succession Act reads - 'The Judge may, on application made by Petition and on cause

Mah. Gen. Jonathan Reuben Samson Vs. Zillah Solomon and Others

Court : Mumbai

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 106, 138, 211, 255, 263, 278, 301, 303 and 304; Bombay High Court Original Side Rules - Rules 374 and 375; Code of Civil Procedure (CPC), 1908 - Rule 20, Order V

Reported in : AIR1991Bom222; 1991(1)BomCR334

legacy given to Zillah and Lily is one given to two persons jointly. Section 106 of the Indian Succession Act, 1925 applies to this bequest. Section 106 reads: 'If a legacy is given to two persons jointly, and one … vesting of the property but not for the purpose of disclosing the assets for which provisions of Rule 375 of the High Court Original Side Rules apply. The relevant provisions of Rule 375 states 'There shall also

Murari @ Peetha Subba Rao Vs. Tata Rammohan Rao and anr.

Court : Andhra Pradesh

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 372, 373 and 375

Reported in : 1997(5)ALT114

ORDERV. Bhaskara Rao, J.1. This is an appeal filed Under Section 384 of the Indian Succession Act, 1925, for short the 'Act', against the order in (SC) O.P. No. 55/1984 on the file of I Additional … In order to protect the interests of the parties, security from grantee of certificate is provided for Under Section 375 of the Act. This back drop is to be kept in view while evaluating the evidence on record.9.

Mohamed Salman Noorani and Others Vs. Radhika Bhargava and Others

Court : Mumbai

Subject : Land Acquisition

defendant No.10. It was submitted that in terms of Section 211 read with Section 307 of the Indian Succession Act, 1925 (said Act), there is no bar to an executor dealing with the property which is subject matter of … 'without authority of law'. 9. In the case of Crystal Developers v. Asha Late Ghosh, (2005) 9 SCC 375, the Supreme Court, upon consideration of the provisions contained in Sections 211, 212, 213 and 307 of the

Lydia Agnes Rodriques Nee D'Cunha and Others Vs. Joseph Anthony D'Cunh ...

Court : Mumbai

Subject : Education

their siblings Mrs Annie D'souza, Mr Joseph D'Cunha and Mr Edwin D'Cunha as his heirs under the Indian Succession Act 1925 by which he was governed. Mrs Annie D'Souza expired on 5th July 1993 and is survived by petitioner … fraud committed by the respondents and/or their predecessor and is thus within time. Learned counsel submits that under Section 263 of the Indian Succession Act, grant of probate can be revoked if the just cause described therein … (paragraph2) 2. Ramesh Nivrutti Bhagwat Vs. Dr Surendra Manohar Parakhe (2001(4) Mh.L.J. 375) paragraphs 8 and 9). 3. Nina Agarwalla vs. Ashok Gupta and Ors.

Usha Shrikant Rege Vs. Gauri Gajanan Rege

Court : Mumbai

Subject : Land Acquisition

the will must be executed in the presence of the attesting witnesses under Section 63(c) of the Indian Succession Act, 1925. Hence to prove the due execution of the will any of the attesting witnesses or any other witness … to have expired in 1994. The Testamentary Petition is required to be in Form No. 105 under Rule 375 of the Bombay High Court (Original Side) Rules with such variation of the circumstances of each case may

Kamalkant Vs. Gargidevi and ors.

Court : Madhya Pradesh

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 375

Reported in : I(1995)DMC416

filed separate applications seeking grant of succession certificates in regard to these amounts under the provisions of Indian, Succession Act. The applications and the Will dated 17.2.1982 said to have been executed by Janki Prasad bequeathing his entire … not died due to direct result of said injury Held, Appellant is therefore liable to be convicted under Section 324 of I.P.C., Sentence of 3 years imprisonment reduced to period undergone by appellant considering mental agony suffered

Babu Lal Grand Sons Family Trust Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1989)31ITD52(Delhi)

and therefore, in view of Section 14 of the Transfer, of Property Act, 1908 and Section 114 of Succession Act, 1925, the tying-up of property beyond the minority of the persons to whom the Trust created belonged, was against … the decision of Delhi High Court in the case of Gee Vee Enterprises v.Addl. CIT [1975] 99 ITR 375 and the decision of the Hon'ble Allahabad High Court in the case of Addl. CIT v. Saraya Distillery

Thrity Sam Shroff Vs. Shiraz Byramji Anklesaria and

Court : Mumbai

Subject : Family

Acts : ;Code of Civil Procedure (CPC) - Sections 2(2) and 2(11) - Order 1, Rule 8 - Order 22, Rule 4A; Court Fees Act, 1870 - Schedule - Article 11; High Court (Original Side) Rules, 1980 - Rules 374, 375 and 710

Reported in : AIR2007Bom103; 2007(2)ALLMR856; 2007(2)BomCR560; (2007)109BOMLR606

appearing for the appellant, taking us through the provisions of Section 247 and Section 295 of the Indian Succession Act, 1925 and Order XXII Rule 4A of the Code of Civil Procedure and placing reliance in the decisions of … well as drawing attention to the various provisions of the Indian Succession Act as also Rules 374 and 375 of the High Court (Original Side) Rules, 1980, submitted that consequent to the death of all the Executors