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In Re: Anthony Fernandes and ors.

Court : Mumbai

Subject : Civil

Acts : Succession Act, 1925 - Sections 2 and 390; Code of Civil Procedure (CPC) , 1908 - Sections 2(4)

Reported in : 1993(1)BomCR580

372 of the Constitution of India and the same is not yet repealed expressly or by necessary implication. Section 390 of the Indian Succession Act, 1925 provides that the provisions of Indian Succession Act, 1925 listed in the … Shri Bapat saw me in Chamber and invited my attention to the standard commentary of Paruck's. The Indian Succession Act, 1925 (7th Edition) at page 613 reading inter alia as under :'Bombay Regulation No. VIII of 1827 is not

Smt. Yashoda Sambhaji Sawant Vs. Smt. Savitra Sambhaji Sawant

Court : Mumbai

Subject : Succession

Acts : Indian Succession Act, 1925 - Section 373, 383, 370, 390, 384, 388; Code of Civil Procedure (CPC), 1908, - section 115

by the Respondent in the Court of learned C.J.S.D. Satara under section 373 and 383 of the Indian Succession Act, 1925. Part 10 of the said Act containing Section 370 to 390 deal with succession certificate. Section 373 deals

Ram Dass Vs. Gulshan Kumar and ors.

Court : Punjab and Haryana

Subject : Family

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 114; Indian Succession Act, 1925 - Sections 264, 276, 302, 370, 376 and 390

Reported in : II(1993)DMC620; (1994)106PLR349

Act falls in Part X of the Indian Succession Act, 1925 starting from Section 370 and ending with Section 390 and this Part relates to grant of succession certificates. Provisions of Sections 370 to 390 only relate to … brothers sons of Raj Kumari filed a petition for grant of probate under Section 276 of the Indian Succession Act, 1925 (for short 'the Act'). Alongwith the petition, a schedule of properties, 23 in number, was filed. Other heirs

Vishalakshi Vs. Bank of India

Court : Kerala

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

the Indian Succession Act, 1925 (hereinafter referred to as 'the Act' for short) starting from Sections 370 to 390, deals with succession certificate. Sub-section 1 of Section 370 reads as follows:370: Restriction on grant of certificates under … 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

Rajrajeshwarashram Vs. Svarupanandtirtha

Court : Mumbai

Subject : Property

Reported in : AIR1927Bom499; (1927)29BOMLR1031; 103Ind.Cas.637

with the result that an ad valorem fee will be payable amounting to Rs. 1,264. That is because Section 390 of the Indian Succession Act 1925 provides that Section 383 (dealing with the revocation of a certificate) and … construction of the Bombay Pleaders Act 1920, which is a Bombay Act, taken in connection with the Indian Succession Act 1925, which is an Imperial Act, and the General Clauses Act 1897, Section 8, which is another Imperial Act.

Manda R. Pande Vs. Smt. Jankibai S. Dubey

Court : Mumbai

Subject : Civil

Acts : Indian Succession Act, 1925 - Sections 370 to 390; Code of Civil Procedure (CPC) , 1908 - Sections 11 and 16 - Order 21, Rules 97 to 103; Constitution of India - Articles 226 and 227

Reported in : AIR2005Bom397; 2006(1)ALLMR517; 2006(2)MhLj162

town in Wardha District, the petitioners filed application for grant of succession certificate under Section 372 of Indian Succession Act, 1925, on 1-1-1996 vide Succession Case 1 of 1996 before Civil Judge, Senior Division, Chandrapur. The said court issued … Filial reported in : AIR2000SC2301 . In this case after having considered the provisions of Sections 370 to 390 of the Indian Succession Act as well as Section 11 of the Code of Civil Procedure, it has

G. Jayashankaraiah Alias Jayashankar Vs. T.N. Gangadhariah

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 214, 295, 370, 371, 372, 373, 373(2), 373(3) and 374 to 390; Code of Civil Procedure (CPC) , 1908 - Sections 11

Reported in : AIR2006Kant150; 2006(2)KarLJ612

widower, claiming the service benefits of the deceased, petitioned the lower Court under Section 372 of the Indian Succession Act, 1925, for a succession certificate thereof. The respondent, father of the deceased, resisted the petition. The objection was that … Pillai Meenakshi Pillai : AIR2000SC2301 . In this case after having considered the provisions of Sections 370 to 390 of the Indian Succession Act as well as Section 11 of the Code of Civil Procedure, it has

Madhvi Amma Bhawani Amma and ors. Vs. Kunjikutty Pillai Meenakshi Pill ...

Court : Supreme Court of India

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 370 to 390; Code of Civil Procedure (CPC) - Sections 11; Code of Civil Procedure (CPC) (Amending) Act, 1976

Reported in : AIR2000SC2301; 2000(3)ALT35(SC); 2001(49)BLJR813; JT2000(5)SC336; 2000(2)KLT518(SC); (2000)3MLJ78(SC); 2000(4)SCALE629; (2000)6SCC301

question raised in this appeal, is, whether an order granting Succession Certificate under Section 373 of the Indian Succession Act, 1925 would operate as res judicata to the suit for partition filed in a Civil Court between the same … of Succession Certificate falls under Part X of the aforesaid Act. Its range is between Sections 370 to 390. It is significant to refer here Section 387. This declares the effect of decisions made under this Act

K.R. Rajalakshmi Devi (Deceased) by L.Rs Vs. K.R. Chandrasekhar

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 59, 61, 63 and 289; Evidence Act, 1872 - Sections 3, 67 and 68; Registration Act, 1908 - Sections 45 and 47; Constitution of India - Article 136

Reported in : 1998(3)KarLJ634

circumstance by placing satisfactory evidence on record. The Supreme Court in the said decision held as follows: '(B) Succession Act (1925), Section 61 -- Will --Genuineness -- Proof -- Failure of plaintiff to remove suspicious circumstances by placing satisfactory material … the file of the Court of Munsiff, Chintamani, copy of the plaint at Ex. P-47, in O.S. No. 390 of 1971 before the Court of Munsiff, Chintamani, copy of the plaint at Ex. P-48, O.S. No. 386

CaptaIn Jagdish Chandra Varshney Vs. Smt. Muni Varshney and anr.

Court : Allahabad

Subject : Family

Reported in : AIR2006All347

as preliminary issue to be decided before framing further issues;Whether in view of Section 236 of the Indian Succession Act 1925, 'Letters of Administration' can be granted of the estate of the deceased to a registered society.2. Heard Shri … to property of the deceased on succession. The grant of succession certificate is regulated in Section 372 to 390.13. Section 217 in Part IX of the Act provides for grant of probate and letters of administration with