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M.N. Jayalakshmi Vs. Nil

Court : Karnataka

Subject : Civil

Acts : Karnataka Court Fees and Suits Valuation Act, 1958 - Sections 49 - Schedule - Articles 4 and 11(1)(3); Indian Succession Act, 1925

Reported in : ILR1990KAR1273; 1990(3)KarLJ323

an order made by the Court of first instance in a proceeding, under Section 389 of the Indian Succession Act, 1925 (for short 'the Succession Act'). A Court fee of Rs. 20/-was paid on the Memorandum of Appeal as … one-half of the scale of fee prescribed in Article 1 on theamount or value of the subject matter.3. Section 49 of the Court Fees Act and Article 11(1)(ii)(3) of Schedule II thereto, relied upon by the appellant in

T. Sarveswara Rao Vs. T. Sathyanarayana and ors.

Court : Chennai

Subject : Family

Acts : Succession Act, 1925 - Sections 74, 212, 213 and 218; Registration Act, 1908 - Sections 49; Hindu Law

Reported in : AIR2002Mad487

4484/02 are closed. Family - will - Sections 74, 212, 213 and 218 of Succession Act, 1925 and Section 49 of Hindu Law - petition for granting letters of administration with will - property devolved on plaintiff in … that the Will in question was not only executed and attested in the manner required under the Indian Succession Act, 1925, but it should also be found that the said Will was the product of the free volition of

Nagarampalli Suryaprakasa Rao Vs. Nagarampalli Gunnamma and ors.

Court : Andhra Pradesh

Subject : Family

Acts : Succession Act, 1925 - Sections 68 and 69; Code of Civil Procedure (CPC) , 1908 - Sections 49; Contract Act

Reported in : 2002(3)ALD307

appeal is accordingly dismissed with costs. (i) Family - authenticity of will - Sections 68 and 69 of Succession Act, 1925 - petitioner claiming that will is executed in his favor only - at time of execution of will … not genuine - held, Court can deny to admit such will. (ii) Civil - relief of decree - Section 49 of Code of Civil Procedure, 1908 - person not part of decree wants to prevent its execution -

John Vallamattom and anr. Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : PropertyConstitution

Acts : 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

Reported in : 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

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 … State Government to exempt any race, sect or tribe residing therein from the purview of Sections 5 to 49, 58 to 191 and 212. Testamentary succession has been dealt with in Part VI of the Act. Section

G. Bharathi and ors. Vs. G. Prameela and ors.

Court : Andhra Pradesh

Subject : CivilFamily

Acts : Andhra Pradesh Court Fees and Suits Valuation Act, 1956; Hindu Succession Act, 1956 - Sections 276; Indian Succession Act, 1925 - Sections 213 and 383; Hindu Marriage Act, 1955 - Sections 16; Tirumala Tirupati Devasthanam Employees Service Rules, 1989 - Rule 4; Andhra Pradesh Manual of Special Pay and Allowances including Travelling Allowances Rules; Andhra Pradesh Leave Rules, 1933; Andhra Pradesh Liberalised Pension Rules, 1961; Andhra Pradesh Family Rules, 1964 - Rule 46(5); Andhra Pradesh Revised Pension Rules, 1980 - Rules 47, 48 and 49; Andhra Pradesh Civil Services (Conduct) Rules, 1964; Andhra Pradesh Civil Services (Classification Control and Appeal) Rules, 1991; Andhra Pradesh State and Subordinate Service Rules; Code of Civil Procedure (CPC) , 1908 - Order 12, Rule 8 - Or

Reported in : 2008(2)ALD444; 2008(1)ALT319

is also not within the original civil jurisdiction of those courts. As per Section 213 of the Indian Succession Act, 1925, a probate is required to establish the right of executor or legatee in respect of Wills made by … Andhra Pradesh Revised Pension Rules, 1980 apply to all the employees of the fourth defendant, and as Rule 49 of the Andhra Pradesh Revised Pension Rules, 1980 forbids or prohibits a Government servant, having family, nominating persons

Bay Berry Apartments Pvt. Ltd. and anr. Vs. Shobha and ors.

Court : Supreme Court of India

Subject : PropertyFamily

Acts : Hindu Succession Act, 1956 - Sections 4, 4(1), 6, 8 and 14(1); ;Limitation Act, 1963 - Schedule - Articles 49, 59 and 60; ;Code of Civil Procedure (CPC) - Order 7, Rule 7; Hindu Law of Inheritance (Amendment) Act, 1929; Indian Succession Act, 1925 - Sections 119; ;Transfer of Property Act - Sections 41; ;Constitution of India - Article 136

Reported in : AIR2007SC226; 2007(1)AWC266(SC); (SCSuppl)2007(1)CHN68; JT2006(9)SC404; 2006(10)SCALE596

obtaining therein and in particular, having regard to terms of the Will and Section 119 of the Indian Succession Act, 1925, it was held:We are, therefore, of the opinion that by operation of law, i.e., by virtue of Section … that view of the matter, the High Court committed an error in not invoking the provisions of Article 49 of the Limitation Act, 1963. The learned Counsel would contend that the son of the original defendant No.

Chintan N. Parikh and Vatsal N. Parikh Vs. Commissioner of Income-tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2, 45, 48, 49 and 49(1); Hindu Succession Act

Reported in : (2001)171CTR(Guj)386; [2002]253ITR564(Guj)

has happened.' (Source-- Mulla's Transfer of Property Ad, eighth edition by Justice R.K. Abichandani).19. Similarly, under the Indian Succession Act, 1925, Section 119 deals with date of vesting of legacy when payment or possession is postponed and Section 120 deals … upon a trust. It was therefore held by the Income-tax Officer that by virtue of the provisions of Section 49(1) of the Act, the cost of acquisition in the hands of the assessee was the cost in the

Reddi Demudu Vs. Kannuru Demudamma

Court : Andhra Pradesh

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 5, 53A and 54; Registration Act - Sections 17 and 49; Evidence Act - Sections 93 to 95; Specific Relief Act, 1963 - Sections 2; Indian Succession Act, 1925 - Sections 2; Code of Civil Procedure (CPC) , 1908 - Sections 100, 103 and 106; Indian Stamp Act, 1899 - Sections 2(24)

Reported in : 1996(3)ALT384

Act reads thus -'Settlement, means an instrument, (other than a will or codicil) as defined by the Indian Succession Act, 1925 whereby the destination or devolution of successive interests in the moveable or immoveable property is disposed of or … of Section 54 of the Transfer of Property Act and Section 17 of the Registration Act subject to Section 49 of the Registration Act are to be complied with. Unless that is done, no sale of immovable property

Pr. N. Sm. Chockalingam Chettiar Vs. the Official Assignee

Court : Mumbai

Subject : PropertyCivil

Reported in : (1943)45BOMLR563

Insolvency Act.20. There is no trace of any such priority being recognised by the provisions of the Indian Succession Act which in terms assign specific priorities to the debts of a dead man (see Sections 320-322), although no … 1919 Ramanathan died and in 1923 the father died. On May 14, 1925, letters of administration w?:re granted by the District Court of Jaffna to … and their Lordships have already stated that the compromise confers no priority. The appellant is therefore subject to Section 49 of the Act which after providing for certain priorities in the payment of debts enacts (by Sub-section 5)

Raichand Dhanji Vs. Jivraj Bhavanji

Court : Mumbai

Subject : Family

Reported in : (1931)33BOMLR1372

the negative.5. [The rest of the judgment is not material to this report.] Indian Succession Act (XXXIX of 1925), Section 213- Will-Probate-Person claiming under a will should obtain probate-Practice- Bombay High Court. The grant of probate of a … her own right under the will and as the heir of Champubai. under Section 213 of the Indian Succession Act no right as executor or legatee can be established in any Court of justice unless a competent Court … Calcutta in Charu Chandra Pramanik v. Nahush Chandra Kundu ILR (1922) Cal. 49, following the Privy Council ruling in Chandra Kishore Roy v. Prasanna Kumari