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Sugumal Duraisingh Vs. Annamani Ammal
Chennai
Aug-14-2009
Family
Evidence Act, 1872 - Sections 68; Indian Succession Act, 1925 - Sections 32, 47 and 63; Indian Registration Act, 1908; ; Hindu Adoptions and Maintenance Act, 1956; Hindu Law
(2009)8MLJ591
to look into Section 68 of the Indian Evidence Act, 1872 and also Section 63 of the Indian Succession Act, 1925. Section 68 of the Indian Evidence Act, 1872 reads as follows;Proof of execution of document required by law to … of the deceased, in the order and according to the rules thereinafter contained in the chapter. As per Section 47 where the intestate has left neither lineal descendant nor father nor mother, the property shall be divided equally
Tag this Judgment! AI Brief & AskAjit 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 … as she had died intestate and issueless. 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 on the ground that he was
Tag this Judgment! AI Brief & AskR. Vasanthi Vs. Janaki Devi and Others
Chennai
Apr-28-1999
Family
Succession Act, 1925 -- Sections 63, 69 and 74; Evidence Act, 1872 -- Sections 47, 59, 67, 68 and 69; India Succession Act, 1925 -- Sections 59 and 63
1999(3)CTC378
on executing a bond for sum of Rs.5,000. Family - will - Sections 63, 69 and 74 of Succession Act, 1925, Section 47, 59, 67, 68 and 69 of Evidence Act, 1872 and Sections 59 and 63 of Indian Succession Act,
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P.P. Sharma Vs. Smt. Swaran Lata
Delhi
Apr-07-2008
Family
Indian Succession Act, 1925 - Sections 263, 268, 276, 280 and 281; Code of Civil Procedure (CPC) - Sections 114 - Order 47, Rule 1
150(2008)DLT328; 2008(102)DRJ627
and order of this Court dated 2.3.2005 in Probate Case No. 34/1988 under Section 263 of the Indian Succession Act, 1925 for the reasons set out in the petition? OPPII. To what relief, if any, is the petitioner entitled? … of 2007 respectively. Appellant in the present appeals has also prayed for dismissal of the Testamentary Case No. 47 of 2005 filed by the respondent.2. By way of the impugned orders, the learned Single Judge has permitted
Tag this Judgment! AI Brief & AskVishnu Ramchandra Undage Vs. Ganpati Ramchandra Undage and ors.
Mumbai
Sep-30-2005
Family
Indian Succession Act, 1925 - Sections 57, 213 and 213(2); Code of Civil Procedure (CPC) - Sections 47 and 54
2006(2)ALLMR204; 2006(1)BomCR672; 2005(4)MhLj1108
by his father. The executing Court held that there is no compliance of Section 213 of the Indian Succession Act, 1925, which requires that no right can be established in any Court of justice unless a Court of competent … cannot claim under the Will. The Court also held that legality of the Will cannot be decided under Section 47 of the Code of Civil Procedure. The executing Court, therefore, rejected the petitioner's application and hence this writ
Tag this Judgment! AI Brief & AskAsirvadam Samuel Nadar Vs. Raja Jothi and anr.
Chennai
Jun-30-1997
Family
Christian Marriage Act, 1872 - Sections 4 and 5; Hindu Marriage Act, 1955 - Sections 17; Evidence Act, 1872 - Sections 114; Indian Succession Act, 1925 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 7
II(1998)DMC137; (1997)IIMLJ449
5 of Christian Marriage Act, 1872, Section 17 of Hindu Marriage Act, 1955 and Section 47 of Indian Succession Act, 1925 - suit filed by brother of appellant seeking partition of Scheduled plaint properties - Trial Court after evaluating
Tag this Judgment! AI Brief & AskKariyamma Vs. Assistant Commissioner and Land Acquisition Officer
Karnataka
Aug-21-1992
Family
Indian Succession Act, 1925 - Sections 214, 214(1) and 214(2); Code of Civil Procedure (CPC) , 1908 - Sections 47 and 146 Order 21, Rules 10 and 11 - Order 22, Rule 12
ILR1992KAR2807
decree-holder by virtue of the provisions of Order 21 Rules 10 and 11, Order 22 Rule 12 and Section 47 'read with Section 146 of C.P.C.8. Accordingly, these Civil Revision Petitions are dismissed. INDIAN SUCCESSION ACT, 1925 (Central … the legal representative/legal representatives of deceased decree-holder to produce succession certificate as envisaged under Section 214 of Indian Succession Act, 1925, in cases where they initiate execution proceedings in the first instance as claiming himself or herself or themselves
Tag this Judgment! AI Brief & AskMrs. Winifred Nora theophilus Vs. Mr. Lila Deane and Others
Delhi
Jul-10-2001
Family Property
Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1, 2 and 4; Indian Succession Act, 1925 - Sections 2, 47, 57, 213 and 213(1) and (2); Indian Siuccession (Amendment) Act, 1962
AIR2002Delhi6; 2001(62)DRJ422
on 26-11-1995 by intestate i.e. without executing any will. The plaint avers that as per the provision of Section 47 of the Indian Succession Act, 1925, the property is to be divided in the following manner:a) Mrs. Winifred … is mentioned in the plaint that parties are Indian Christians as defined in Section 2(d) of the Indian Succession Act, 1925. The pedigree table of the family of the parties is shown in para-1 of the plaint.2. The dispute
Tag this Judgment! AI Brief & AskK.R. Rajalakshmi Devi (Deceased) by L.Rs Vs. K.R. Chandrasekhar
Karnataka
Jun-12-1997
Family
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
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 suit Will-Ex. D-2 is in consonance with Section 63 of the Indian Succession Act and that under Section 47 of the Registration Act, the Will since not required to be compulsorily registrable, there is nothing for the
Tag this Judgment! AI Brief & AskZarina R. Irani and anr. Vs. Shapur Jawanmardi and ors.
Mumbai
Jul-19-2004
Family
Succession Act, 1925 - Sections 63
2004(4)ALLMR408; 2004(6)BomCR142; 2005(1)MhLj293
suffering from carcinoma prostate glands. The learned counsel referred to Sections 2, 59 and 63 of the Indian Succession Act, 1925 and Sections 45, 47, 67, 68 and 72 of the Evidence Act, 1872 and submitted that the propounder … believable. PW1 even denied that the deceased was suffering from carcinoma prostate glands. The learned counsel referred to Sections 2, 59 and 63 of the Indian Succession Act, 1925 and Sections 45, 47, 67, 68 and 72
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