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Sep 27 2007

M. Suresh Vs. Mrs. B. Sumathi and

Court : Chennai

Decided on : Sep-27-2007

Subject : FamilyService

Acts : Indian Succession Act, 1925 - Sections 57, 212, 213, 264(1), 264(2), 266, 300, 370 to 372, 372(1), 372(3), 380, 383 and 384; Succession Certificate Act, 1889; Indian Succession (Amendment) Act, 1929 - Sections 2; General Clauses Act; Probate and Administration Act - Sections 87; Code of Civil Procedure (CPC) , 1908 - Sections 141; Original Side Rules - Order 25, Rule 6

Reported in : AIR2008Mad18; 2007(5)CTC330; (2007)5MLJ1388

the maintainability of the petition was doubted on the ground that as per Section 371 of the Indian Succession Act, 1925 (for short, the 'Act'), the District Judge within whose jurisdiction the deceased ordinarily resided at the time of … of portions thereof. The certificate issued by the District Judge shall have effect throughout India in terms of Section 380 of the Act. A certificate granted by the District Judge may be also revoked by the District Judge

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Mar 17 1942

Ahmed Ebrahim Vorajee Vs. the Government of the Province of Bombay

Court : Mumbai

Decided on : Mar-17-1942

Subject : PropertyCivil

Reported in : AIR1943Bom50; (1942)44BOMLR912

certificate, which amounts to a refusal to revoke it, does not fall under Section 384 of the Indian Succession Act, 1925, and is not appealable.;Manchharam v. Kalidas (1894) I.L.R. 19 Bom. 821 and Sharif-un-nissa Bibi v. Masum Ali (1920) … would enable him to have them transferred to his name so that he can realise the dividends thereon. Section 380 of the Indian Succession Act says that a certificate under Part X shall have effect throughout the whole

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Apr 06 2006

Vishalakshi Vs. Bank of India

Court : Kerala

Decided on : Apr-06-2006

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 30, 192 to 207, 208, 212, 213 and 370 to 390; General Clauses Act

Reported in : AIR2006Ker255; 2006(2)KLT488

V. Ramkumar, J.1. In this appeal filed under Section 384 of the Indian Succession Act, 1925 the petitioner who is the sole legal heir and successor of deceased P.K. Hymavathy, challenges the order dated … debts and to receive interest on dividends to negotiate to transfer those securities:Dated this....day of.....District Judge.By virtue of Section 380 of the Act, a succession certificate granted under Part X of the Act shall have effect throughout India.

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Mar 15 2001

Mohanlal Dungarmal Futnani Vs. Vishanji Dungarmal Futnani and ors.

Court : Kolkata

Decided on : Mar-15-2001

Subject : PropertyArbitration

Acts : Indian Arbitration Act, 1940 - Sections 17, 30, 33, 34, 36, 39 and 41; ;Indian Succession Act, 1925 - Sections 211, 211(1), 213, 213(1), 299, 305, 307 and 307(1); ;Indian Succession Act, 1865 - Section 187; ;Evidence Act, 1872 - Sections 92 and 118; ;Indian Contract Act - Section 23; ;Probate Act - Section 187; ;Limitation Act, 1963 - Section 16; ;Limitation Act, 1908 - Section 17 and 17(1)

Reported in : AIR2001Cal122,(2001)3CALLT218(HC)

with a copy of an authenticated copy of the will annexed.'21. Prior to coming into force of Indian Succession Act, 1925, there was Indian Succession Act of 1865 and Section 187 thereof contained an identical provisions which is set … authorities: Sayad Shahu v. Haptja Begam, (1892) ILR 17 Bom. 560, Chinnasami v. Harihara badra,(1893) ILR 16 Mad. 380, and Pathan Ali Khan Bodfukhan v. Bai Pani Bai,(1894) ILR 19 Bom. 832. The fact that there is

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Nov 17 1994

Gita Alias Gita Ravi Vs. Mary Jenet James Alias M.J. James and ors.

Court : Chennai

Decided on : Nov-17-1994

Subject : Family

Reported in : (1995)1MLJ467

of the will had to be proved in accordance with the provisions of Section 63 of the Indian Succession Act, 1925. The letters which had been written by Shri Mishra's clerk contained no mention whatsoever of any instructions having … in the present case held in S. Govindaraj and Anr. v. K.R. Ramamani and Anr. (1991) 2 L.W. 380, that the circumstances set out in Explanations A to E to Section 263 do not exhaust the circumstances

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Aug 08 1967

Santeline Fernandes (Through Margarida Gomes) Vs. Mackinnon Mackenzie ...

Court : Mumbai

Decided on : Aug-08-1967

Subject : Labour and Industrial

Acts : Workmen's Compensation Act - Sections 3, 4, 11, 14A and 32; Indian Succession Act - Sections 306

Reported in : (1968)IILLJ189Bom; 1968MhLJ292

to. ;The words 'other personal injuries not causing death of the parties' in Section 306 of the Indian Succession Act, 1925, must be construed ejusdem genvris with the words preceding, namely, 'defamation, assault as defined in the Indian Penal … is not specifically prohibited - Abdul Gani Sumar v. Reception Committee, Indian National Congress (1935) 38 Bom. L.R. 380 and Narsingh Das v. Mangal Dubey I.L.R. 882 5 All. 163. If so, in my view, the petitioners

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Jun 26 2012

M.indira Devi Vs. J.Rajasekaran

Court : Chennai

Decided on : Jun-26-2012

Subject : Limitation

Acts : Limitation Act - Section 5; Indian Succession Act, 1925. - Section 284, 263 and 270; Madras High Court Original Side Rules - Order 14, Rule 8, Order 25 Rule 62; Code of Civil Procedure(CPC) - Order 9 Rule 13

had immediately filed her caveat along with the supporting affidavit as provided under Section 284 of the Indian Succession Act, 1925.3. On filing of her caveat, the testamentary original petition in O.P.No.486 of 2004 was converted to suit and … of the Original Side Rules read with Section 5 of the Limitation Act to condone the delay of 380 days in filing the application to set aside the exparte decree dated 12.07.2010 and made in T.O.S.No.3 of

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Sep 28 2000

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

Court : Allahabad

Decided on : Sep-28-2000

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 … on 5.12.1980. Her real sister Mrs. Ethel Walters filed a petition in the High Court on 13.5.1981 under Sections 218 and 278 of Indian Succession Act (hereinafter referred to as the Act) for grant of Letters of … was published (see Para 625). Bromley's (1987 Ed.) also records at page 380 that all the provisions of the 1976 Act had not been enforced

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Nov 26 2014

Sonia Raman Sabharwal Vs. Ashok Rochiram Asrani and Others

Court : Mumbai

Decided on : Nov-26-2014

Subject : Land Acquisition

to restrict the grant in Clause 4. 7. Ms. Merchant submits that the relevant provision of the Indian Succession Act, 1925 is Section 131, which reads thus: “Section 131. Bequest over, conditional upon happening or not happening of specified … Division Bench of this Court in GulabjiAjisigi and Co. v. Rustomji Kharsedji Banatvalla (1924) XXVII Bom. L. R. 380).In this case too, the question was whether on a proper construction of Clauses 8 and 10 of the

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Jan 18 1973

Smt. Ramniwasi Vs. Madanlal

Court : Rajasthan

Decided on : Jan-18-1973

Subject : PropertyCivil

Acts : Succession Act, 1925 - Sections 63; Evidence Act - Sections 68

Reported in : AIR1973Raj295; 1973()WLN65

Kan Singh, J.1. The appeal before me is by a caveator under Section 299 of the Indian Succession Act, 1925 read with Section 96, Civil P. C. and is directed against the judgment of the learned District Judge. … 1126/- were in deposit with Sunderdas Kanhaiyalal in the name of the deceased. She had to pay Rs. 380/- to one Narayandas. On an application by one Anant Ram the Collector of Jodhpur took proceedings in escheat

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