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Multivahuji Vs. Kalindivahuji and ors.
Gujarat
Jun-11-1993
FamilyProperty
Indian Succession Act, 1925 - Sections 222, 213, 227, 268, 273, 276, 280, 281, 283, 284, 288, 294, 295, 298 and 307; Code of Civil Procedure (CPC), 1908 - Sections 9, 10, 115 and 151 - Order 19, Rule 2; Evidence Act - Sections 4, 40, 41, 42, 43 and 44
AIR1994Guj42
has acted absolutely within its jurisdiction and no jurisdictional error is pointed out to this Court.12. The Indian Succession Act, 1925 broadly divides succession into intestate and testamentary succession. The provisions of the Act dealing with testamentary succession are … that such judgments, decrees or orders are conclusive proof of the matters specified in the Section and by Section 4 of the Evidence Act, evidence cannot be allowed to disprove the facts established by such judgments. In any
Tag this Judgment! AI Brief & Askittoop Vs. Mathunni and anr.
Kerala
Nov-11-1983
Civil
Kerala Court-fees and Suits Valuation Act, 1960 - Schedule - Articles 4 and 11(2); Succession Act, 1925 - Sections 278
AIR1984Ker73
arguments-before us are the following :--'Schedule I, Article 4.Memorandum of appeal against order in proceedings under the Indian Succession Act, 1925.An amount of one- halfthe scale of fee p r e-scribed in Article 1 on the amount or value … miscellaneous Appeal was the petitioner in O. P. No. 77 of 1981. It was a petition filed under Section 278 of the Succession Act for obtaining letters of administration with the will annexed. The father of the
Tag this Judgment! AI Brief & AskThilliammal, Vs. Thandavamurthy and ors.
Karnataka
Apr-12-2007
FamilyProperty
Mysore Hindu Law Women's Rights Act,1933 -Sections 2, 3, 4, 10(1), 10(2), 11, 12, 13, 16, 17, 18, 18(1), 18(2) and 21; Indian Succession Act, 1925 - Sections 5; Karnataka Rent Control Act, 1961 - Sections 19; Hindu Succession Act, 1956 - Sections 14 and 14(1); Hindu Women's Right to Property Act, 1937; Transfer of Property Act, 1882 - Sections 43
ILR2008KAR819; ILR2008(1)Kar819; 2008(2)KCCRSN88; 2007(6)AIRKarR397; AIR2008NOC190; 2008AIHC446(Kar)
law on the question of migration which was also argued before me.The word 'domicile' finds place in Indian Succession Act, 1925. Section 5 of the Act, 1925, declares that succession to the immovable property in India of a person deceased … not inconsistent with the provisions of the Act Section 3(d) of the Act deals with women's full estate. Section 4 of the Act defines the order of succession and it sets out the members of the family who
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others
Allahabad
Sep-28-2000
Family
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
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 … She claimed to have succeeded to the estate of deceased under Section 47 of the Act. The petition was contested by the appellant Ajit Datt
Tag this Judgment! AI Brief & AskPrativa Bose Vs. Kumar Rupendra Deb Raikat and ors.
Supreme Court of India
May-10-1963
FamilyProperty
Indian Limitation Act, 1908 - Schedule - Articles 158, 178 and 181; Code of Civil Procedure (CPC), 1908 - Sections 48 and 141 - Order XXXVIII; Limitation Act, 1877; Arbitration Act; Bengal Civil Court Act, 1871- Sections 12; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 23; Indian Succession Act, 1925 - Sections 192-195; Bengal Wills and Intestacy Regulation, 1799 - 2, 3, IV and V; Mahomedan Law; Bengal Wills and Intestacy Regulation, 1793 - Sections 2 and XIX; Central Provinces Laws Act, 1876; Railway and Canal Traffic Act, 1854 - Sections 16
AIR1965SC540; [1964]4SCR69
have issued it to apply to such a case. Then it was said that ss. 192-195 of the Succession Act, 1925 impliedly repeated s. 4 of the Regulation. These sections of the Succession Act no doubt Act no doubt … arises. Article 181 of the Limitation Act, 19.08, prescribes the time within which certain applications can be made. Section 4, however, does not require any application before an order calling upon a person to furnish security can be
Tag this Judgment! AI Brief & AskCommissioner of Wealth Tax, Kanpur and ors. Vs. Chander Sen and ors.
Supreme Court of India
Jul-16-1986
Direct Taxation
Wealth Tax Act, 1957; Income Tax Act, 1961; Hindu Succession Act, 1956 - Sections 4, 6, 8 and 19; Indian Succession Act, 1925 - Sections 30; Indian Income Tax Act, 1922 - Sections 25A
AIR1986SC1753; (1986)58CTR(SC)119; [1986]161ITR370(SC); 1986(2)SCALE55; (1986)3SCC567; [1986]3SCR254
and he would take in his individual capacity. In this connection reference was also made before us to Section 4 of the Hindu Succession Act. Section 4 of the said Act provides for overriding effect of Act. Save … family. But the High Court found that this principle has been modified by Section 8 of the Hindu Succession Act, 1956. Section 8 of the said Act provides, inter alia, that the property of a male Hindu dying … by him in accordance with the provisions of the Indian Succession Act, 1925.15. It is clear that under the Hindu law, the moment a son
Tag this Judgment! AI Brief & AskJohn Vallamattom and anr. Vs. Union of India (Uoi)
Supreme Court of India
Jul-21-2003
PropertyConstitution
Constitution of India - Articles 13, 14, 15, 25, 26, 27, 32, 44 and 372; Indian Succession Act, 1925 - Sections 3, 4, 5 to 49, 51, 58 to 191 and 212; Charitable Uses Act, 1735; Mortmain and Charitable Uses Act, 1888; Indian Succession (Amendment) Act, 1891; Charities Act, 1960; Indian Succession Act, 1865; Transfer of Property Act, 1882 - Sections 18; Code of Civil Procedure (CPC) , 1908 - Sections 92; Hindu Succession Act, 1956; Sections 213 of the Indian Succession Act; Indian Divorce Act
AIR2003SC2902; 2003(5)ALD51(SC); 2004(5)ALLMR(SC)283; 2003(4)AWC2689(SC); 2003(3)CTC418; [2003(4)JCR44(SC)]; JT2003(6)SC37; 2003(3)KLT66(SC); 2003(5)SCALE384; (2003)6SCC611
alone and not to others.68. The Indian Succession Act came into effect on 30th September, 1925. As per Section 4, Part II of the Act shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or … Constitution of India we are concerned with the constitutionality of the provisions of Section 118 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act').2. Petitioner No. 1 is an Indian citizen and is a Christian Priest
Tag this Judgment! AI Brief & AskDr. (Mrs.) Ruth Annamalai Vs. Mrs. Valliammai Achi, W/O of Late Dr. Al ...
Chennai
Mar-21-1991
Family
T.N. Court-fee and Suits Valuation Act, 1955 - Schedule - Sections 55, 56, 61 and 63 - Articles 1 to 6, 7, 11(K); Indian Succession Act, 1925 - Sections 222, 261, 264, 265, 266, 268, 276, 284, 295 and 299; High Court Original Side Rules - Order 25, Rules 4, 25, 55, 689, 690 and 692; Hindu Succession Act, 1956 - Sections 235; Code of Civil Procedure (CPC). 1908 - Sections 26, 75 to 78, 86, 87-B, 90 to 92, 94, 95, 100, 104, 141 and 144 - Order 41 Rule 1; Original Side Rules, 1956 - Order 2, Rules 2, 20 to 50, 51 to 68; Government of India Act, 1915; Indian Oaths Act, 1873; Transfer of Property Act, 1882; Parition Act, 1893; Guardians and Wards Act, 1890; Indian Divorce Act,1869; Specific Relief Act, 1877; Indian Arbitration Act, 1940; Indian Stamp Act, 1899;
AIR1991Mad284
the plaintiff filed the O. P. No. 197 of 1988 under Ss. 222 and 276 of the Indian Succession Act, 1925 read with O. XXV, Rule 4 of the Original Side Rules. In the said petition, the petitioner sought … Schedule I of the Tamil Nadu Court-fees Act could not be made applicable because in a preceding under Section 295 of the Indian Succession Act properties were not the subject matter of the dispute. The matter under
Tag this Judgment! AI Brief & AskCommissioner, Jalandhar Division and ors. Vs. Mohan Krishan Abrol and ...
Supreme Court of India
Apr-02-2004
CivilProperty
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 - Sections 2, 3, 4, 5, 9, 10 and 15; ;Indian Succession Act, 1925 - Sections 57, 87, 211, 213 and 336; ;Indian Succession (Amendment) Act, 1962
AIR2004SC2060; (SCSuppl)2004(4)CHN77; 2004(4)CTC35; JT2004(4)SC139; (2005)139PLR224; 2004(4)SCALE163; (2004)7SCC505
was only a beneficiary under Clause 2 of the will and since under Section 211 of the Indian Succession Act, 1925 (hereinafter referred to as 'the 1925 Act),'the property had vested in the executors, the eviction proceedings under the … Triloki Nath Singh (deceased) was the owner of a kothi and lands admeasuring 90 kanals bearing khasra No. 4971 situated at Circular Road, Kapurthala (hereinafter referred to for the sake of brevity as 'the said property'). It
Tag this Judgment! AI Brief & AskShri Banarsi Dass Vs. Mrs. Teeku Dutta and anr.
Supreme Court of India
Apr-27-2005
Family
Indian Succession Act, 1925 - Sections 372; Hindu Succession Act, 1956; Evidence Act, 1872 - Sections 4 and 112; Code of Civil Procedure (CPC) , 1908 - Sections 115 and 151
2005(3)ALD78(SC); 2005(5)ALLMR(SC)601; 2005(4)ALT7(SC); 2005(2)BLJR1122; 2005(5)BomCR778; (SCSuppl)2005(3)CHN174; 100(2005)CLT73(SC); 2005(3)CTC227; [2005(3)JCR189(SC)]; JT
known as DNA test) can be given in a proceeding for issuance of succession certificate under the Indian Succession Act, 1925 (in short the 'Act').3.Challenge in this Appeal is to the order of a learned Single Judge of the … a presumption and a very strong one, though rebuttable one. Conclusive proof means proof as laid down under Section 4 of the Evidence Act.11. In matters of this kind the court must have regard to Section 112 of
Tag this Judgment! AI Brief & AskAI Brief (18 sections) + Semantic Search - 7 days free
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