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Vijay Laxmi and ors. Vs. K. Simachalan @ Simachalan

Court : Jharkhand

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 387

Reported in : 2001(49)BLJR762

summary in nature and that no rights are finally decided in such proceeding. Section 387 of the Indian Succession Act, 1925, puts the matter beyond any doubt. It categorically provides that no decision under Part X, upon any question

Smt. Bimla Gaindher Vs. Smt. Usha Gaindher and anr.

Court : Allahabad

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 57, 213, 214, 299, 370, 372 and 387

Reported in : AIR2004All329; 2004(2)AWC1855

A.K. Yog, J.1. Above First Appeal From Order under Section 299 of the Indian Succession Act, 1925 (called 'the Act'), filed by Smt. Bimla Gaindhar Is against the judgment and order dated March 12th, 1996 … of the Act shall be maintainable. No doubt grant of 'certificate' shall be subject to the provision of Section 387 which clearly declares that grant of certificate and/or adjudication of question regarding right to grant of certificate in

Master Nitish Arora Vs. State of Delhi and ors.

Court : Delhi

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 263, 296 and 273; Limitation Act, 1963 - Schedule - Article 137; Code of Civil Procedure (CPC) - Sections 145 - Order 5, Rule 12, 20 - Order 9, Rule 13 - Order 39, Rules 1 and 2; Code of Criminal Procedure (CrPC) - Sections 145

Reported in : 141(2007)DLT21; 2007(94)DRJ407

of his minor son Master Nitish Arora, filed the present probate petition under Section 273 of the Indian Succession Act, 1925 on the 18th August, 1998. By this petition probate of an alleged will dated 27th May, 1998 purportedly … the order dated 23rd October, 2000, the respondent No. 2-Santosh Soni had immediately filed an application bearing No. 387/2001 on 12th January, 2001.9. The applicant also filed is No. 1002/2001 under Order 9 Rule 13 CPC and

B. Anjanaiah Vs. Nagappa

Court : Andhra Pradesh

Subject : Property

Acts : Succession Act, 1925 - Sections 381, 383, 384 and 387; Negotiable Instruments Act, 1881 - Sections 8 and 78

Reported in : AIR1967AP61

in this revision petition.(10) Revision dismissed. Property - succession certificate - Sections 381, 383, 384 and 387 of Succession Act, 1925 and Sections 8 and 78 of Negotiable Instruments Act, 1881 - defendant executed promissory note in favour of … the Act.The appellant therefore, cannot challenge the right of the plaintiff to sue. My attention is drawn to Section 387 of the Act and contended that grant of a certificate would not defer the court from going into

Commissioner of Endowments and ors. Vs. Vittal Rao and ors.

Court : Supreme Court of India

Subject : Trusts and SocietiesProperty

Acts : Andhra Pradesh (Telangana Areas) Wakf Rules - Rule 156; Hyderabad Endowment Rules - Sections 36; Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Sections 1(3), 14, 16, 42, 80(1) and 87; Code of Civil Procedure (CPC) - Sections 96(3) and 141 - Order 23, Rule 3; Andhra Pradesh Writ Proceedings Rules, 1977 - Rule 24; Constitution of India - Article 226; Indian Succession Act, 1925 - Sections 11, 373 and 387; Income Tax Act - Sections 34(3)

Reported in : AIR2005SC454; 2005(2)ALD112(SC); 2005(2)AWC1984(SC); JT2004(10)SC113; 2004(9)SCALE660; (2005)4SCC120

the question for consideration was whether an order of granting succession certificate under Section 373 of the Indian Succession Act, 1925 would operate as res judicata to the suit for partition in a civil court between the same parties. … It was noticed that the grant of succession certificate falls under Part X of the said Act. Under Section 387 of the Act, no decision under Part X upon any question of right between the parties shall be

Polaki Appa Rao Vs. Project Officer, Icds and ors.

Court : Andhra Pradesh

Subject : CivilFamily

Acts : Indian Succession Act, 1925 - Sections 370, 372, 374, 381, 383, 384 and 387; Andhra Pradesh Leave Rules

Reported in : AIR2005AP530; 2005(5)ALD477

The learned Counsel had also drawn the attention of this Court to the relevant provisions of the Indian Succession Act, 1925 (in short hereinafter referred to as 'the Act'), and would contend that in the absence of any revocation … said decision is binding on these respondents. The learned Counsel also would contend that in the light of Section 387 of the Act, independent findings can be recorded in the present suit, inasmuch as mere obtaining of the

Amara Venkata Subbaiah and Sons and ors. Vs. Shaik HussaIn Bi and ors.

Court : Andhra Pradesh

Subject : Criminal

Acts : Indian Succession Act, 1925 - Sections 62, 63, 214, 214(1) and 387; Administrator General's Act, 1913 - Sections 31 and 32; Succession Certificate Act, 1889; Evidence Act, 1872 - Sections 32(5), 45, 47, 48, 68 and 73; Code of Civil Procedure (CPC) , 1908 - Sections 2(11) - Order 21, Rule 50 - Order 30, Rules 1 and 4

Reported in : 2008(5)ALD547; 2008(5)ALT341

of Rs. 30,000/-. Secondly unless succession certificate is filed by plaintiff, as required under Section 214 of Indian Succession Act 1925, plaintiff is not entitled to demand defendants to pay amount of Rs. 30,000/-. He points out that when … or letters of administration being summary in nature, the same does not operate as res judicata, and that Section 387 of Indian Succession Act permits filing of suit or other proceedings even though succession certificate might have been

Cauvery Belliappa (Since Deceased) By L.Rs. and Another Vs. B.B. Cheng ...

Court : Karnataka

Subject : Land Acquisition

as the proof of the Will is concerned, he would point out that Section 63 of the Indian Succession Act, 1925 requires a Will to be attested by two witnesses. In the present case on hand, it cannot be … (1987) 1 SCC 610; 2. Mahesh Kumar (dead) by L.Rs. v Vinod Kumar and Others (2012) 4 SCC 387: 2012 AIR SCW 2347; 3. Savithri and Others v Karthiyayani Amma and Others AIR 2008 SC 300 :

Laxmi Bai (Smt.) Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Subject : Property

Reported in : 2009(3)MPHT68(CG)

death of the testator, as a 'Will' is revocable at any time. Section 2 (h) of the Indian Succession Act, 1925 defines 'Will' as under:2. (h) 'Will' means the legal declaration of the intention of a testator with respect … Supreme Court in State of W.B. and Anr. v. Kailash Chandra Kapur and Ors. : (1997) 2 SCC 387, defines the difference between 'transfer' and 'Will', and observed that 'Transfer connotes, normally, between two living persons during

Pramila Wd/O Dhanraj Gaidhane and ors. Vs. Life Insurance Corporation ...

Court : Mumbai

Subject : InsuranceFamily

Acts : Succession Act, 1925 - Sections 370; Code of Civil Procedure (CPC) - Sections 9

Reported in : 2004(3)ALLMR429; 2004(3)MhLj349

application for succession certificate is the efficacious remedy. The learned Judge also opined that the provision of Indian Succession Act, 1925, to grant relief to the plaintiff cannot be ignored and not to be stalled and therefore, held that … The appeal is provided under Section 384 of the said Act of 1925. The provision laid down under Section 387 of the Act is most important insofar as the rights of the parties are concerned, which reads :'Section