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Rajiv Ramprasad Gupta Vs. Rustom Sam Boyce

Court : Mumbai

Subject : PropertyCivil

Acts : Indian Succession Act, 1925 - Sections 51 and 263

Reported in : AIR2003Bom242; 2003(2)ALLMR835; 2003(2)BomCR460; 2003(2)MhLj273

1. This is a petition under Section 263 of the Indian Succession Act, 1925 for revocation of the grant of probate made in favour of the respondent in petition No. 987/2002. The … on the ground sets out in Section 263 of the Indian Succession Act, right in the inheritance under Section 51 of the Indian Succession Act has to be made out and the same is prerequisite for raising challenge

Subhadra Rani Pal Choudhary Vs. Sheirly Weigal NaIn and ors.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 211, 227 and 247; Code of Civil Procedure (CPC) , 1908 - Sections 51 - Order 40, Rule 1; Specific Relief Act, 1963 - Sections 21 and 22(2)

Reported in : AIR2005SC3011; (2006)1CALLT79(SC); (SCSuppl)2005(3)CHN92; JT2005(4)SC222; (2005)141PLR99; (2005)5SCC230

and 247 of Indian Succession Act, 1925, Sections 21 and 22 (2) of Specific Relief Act, 1963 and Section 51 and Order40 Rule1 of Code of Civil Procedure, 1908 - premises were leased out to respondent for period … the sisters. In this connection, our attention was invited to Sections 211, 227 and 247 of the Indian Succession Act, 1925. The said sections are reproduced below:' 211. Character and property of executor or administrator as such.- (1) The

In Re, Smt. Amina

Court : Mumbai

Subject : ConstitutionFamily

Acts : Constitution of India - Articles 12, 13, 14, 17, 19(1), 363, 366(22), 368 and 372; Guardian and Wards Act, 1890; Indian Succession Act, 1925 - Sections 51; Government of India Act, 1935; Bombay Prevention of Hindu Bigamous Marriages Act, 1946; Code of Criminal Procedure (CrPC) , 1908 - Sections 384 - Order 21, Rule 15(1)

Reported in : AIR1992Bom214

petition keeping in substance the questions formulated in this order of reference open.3. Section 51 of the Indian Succession Act, 1925 reads as under:--'51. Division of a male intestate's property among his widow, children and parents.--(1) Subject to the

Mrs. Perviz Sarosh Batliwalla and Another Vs. Mrs. Viloo Plumber and A ...

Court : Mumbai

Subject : Family

Acts : Succession Act, 1925 - Sections 51 and 263; Probate and Administration Act, 1881 - Sections 81; Indian Succession Act, 1865 - Sections 250

Reported in : AIR2000Bom189; 2000(2)ALLMR78; 2000(3)BomCR404; 2000(3)MhLj39

on the copy of the order duly authenticated by the Associate of this Court.9. Petition dismissed. The Indian Succession Act, 1925 - Section 263 - Revocation of Probate Petition by person who has not even slight interest in the … the petitioners would have to establish that they are the legal heirs of the deceased as enumerated under section 51 of the Indian Succession Act. He has further submitted that the person who can legally file a Caveat

Smt. Dhanbai Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Subject : FamilyProperty

Acts : Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 - Sections 11(5); Succession Act, 1925 - Sections 51

Reported in : AIR1979MP17; 1978MPLJ717

not in dispute that they are Parsis and governed by the provisions contained in Chapter III of Indian Succession Act, 1925. Two Revenue cases Nos. 74 (A-90). B-III of 63-64 (State v. T. C. Bajan Malguzari Accounts Katni) and … no application. The parties being Parsis they are governed by Chapter III of the Indian Succession Act. Under Section 51 the property of a male Parsi dying intestate shall be divided amongst his widow and children so that

Manmohan Singh and anr. Vs. Joginder Kaur and ors.

Court : Delhi

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 208, 214, 276 and 295

Reported in : 2002(64)DRJ293

was maintaining all the expenses including those of kitchen. Further that as per Section 62 of the Indian Succession Act, 1925, it is the last Will that prevails Section 62 provides as under:32. Will may be revoked or altered

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 … all persons who have sufficient discretion and free will are capable of disposing of their property by Will. Section 51 provides that a Will, the making of which is caused by fraud or coercion or by such opportunity

Mukti Dutta vs.vijay Bhushan (Deceased Through Lrs) & Ors

Court : Delhi

Subject : Land Acquisition

the ground of the suit claim being barred by Section 263 read with Section 299 of the Indian Succession Act, 1925. Fourthly, on the ground of the suit claim being barred by res judicata. Fifthly, on the ground of

Vijay Bhushan & Ors vs.arya Anathalaya

Court : Delhi

Subject : Land Acquisition

the ground of the suit claim being barred by Section 263 read with Section 299 of the Indian Succession Act, 1925. Fourthly, on the ground of the suit claim being barred by res judicata. Fifthly, on the ground of

N. Sthirasundari and N. Jayalakshmi Vs. V. Kalyani,

Court : Chennai

Subject : FamilyCivil

Acts : Indian Succession Act, 1925 - Sections 263 and 295; Code of Criminal Procedure (CrPC) ; Code of Civil Procedure (CPC) - Order 9, Rule 13; Madras High Court Original Side Rules - Order 25, Rules 51 to 57

Reported in : (2009)6MLJ227

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 violation of … an ordinary suit and the O.P is converted into T.O.S. Admittedly Rules 51 to 57 of Order XXV of the Original Side Rules which relates … also submitted that every application for revocation of probate need not be treated as suit as contemplated under Section 295 and the present application is devoid of merit. He also relied upon the following passage found in