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Sep 24 1990

Thresia and anr. Vs. Kochuthommen

Court : Kerala

Decided on : Sep-24-1990

Subject : Family

Acts : Administrator General Act, 1963 - Sections 29, 32 and 53; Succession Act, 1925 - Sections 213 and 391

Reported in : AIR1991Ker337

35 confers protection to persons making bona fide payments to holders of certificate for payments made before revocation. Section 53 states that nothing contained in the Indian Succession Act, 1925 or the Companies Act, 1956 shall be taken … but without obtaining a probate from the District Court under the provisions of Part IX of the Indian Succession Act, 1925, the Civil Court can grant relief to legatee under a Will from a person to whom the provisions

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Dec 14 2006

Official Trustee of West Bengal Vs. Stephen Court Ltd.

Court : Supreme Court of India

Decided on : Dec-14-2006

Subject : FamilyProperty

Acts : Official Trustees Act, 1913 - Sections 10, 13, 22, 25 and 26; Indian Succession Act, 1925 - Sections 302; Companies Act, 1913; Official Trustee (Amendment) Act, 1925; Registration Act; Indian Trusts Act, 1882 - Sections 3; Succession and Probate Duties Act, 1892 - Sections 4; Succession and Probate Duties (Amendment) Act, 1955; Trustee Act, 1850 - Sections 37, 356, 426; City Civil Courts Act; Transfer of Property Act - Sections 53A; Code of Civil Procedure (CPC) - Sections 11; Constitution of India - Article 136

Reported in : 2006(14)SCALE285

of the Official Trustees Act, 1913 (for short, 'the 1913 Act') as also Section 302 of the Indian Succession Act, 1925 (for short, 'the Succession Act') falls for consideration in this appeal, which arises out of a judgment and … Court; and (v) The Official Trustee having received rent from the Company, its possession was protected under Section 53-A of the Transfer of Property Act. 9. Mr. Tapas Ray, the learned Senior Counsel appearing on behalf of

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Sep 04 1978

In the Matter Of: Veera Jiwatrum Chugani

Court : Andhra Pradesh

Decided on : Sep-04-1978

Subject : Civil

Acts : Andhra Pradesh Court-fees and Suits Valuation Act, 1956 - Sections 53 - Schedule - Article 6; Constitution of India - Article 265; Succession Act, 1925 - Sections 218 and 222

Reported in : AIR1979AP144

Court-fees and Suits Valuation Act, 1956, Article 265 of Constitution of India and Section 218 and 222 of Succession Act, 1925 - issue regarding payment of court fee - plaintiff contended that there was no need to pay court … be paid only on the assets in India and not on the assets situated outside India. 4. Under Section 53 of the Andhra Court-fees and Suits Valuation Act, 1956, the fee chargeable for the grant of probate or

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Oct 29 1991

Navnit Lal Sakarlal Vs. Commissioner of Income-tax

Court : Supreme Court of India

Decided on : Oct-29-1991

Subject : Direct TaxationFamily

Acts : Income-tax Act, 1961 - Sections 53, 55, 159, 168 and 256(1); Succession Act, 1925 - Sections 211(1), 332, 333 and 366

Reported in : AIR1992SC466; (1991)100CTR(SC)125; [1992]193ITR16(SC); JT1991(4)SC186; 1991(2)SCALE893; (1992)1SCC185; [1991]Supp1SCR585

clearly enunciated by Viswanatha Sastri, J. in Raghavalu Naidu, cited earlier, in these words:Chapter VII of the Indian Succession Act, 1925, succinctly defines the duties of executOrs. Shortly stated, it is their duty to clear the estate - to … 55, he has to deliver an account of the estate passing on the death. He is accountable, under Section 53, for the whole of the estate duty on the property passing on the death though he will not

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Jan 24 2006

Velayudhan Nair Vs. Kalliyanikutty Amma

Court : Kerala

Decided on : Jan-24-2006

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 63; Registration Act, 1908 - Sections 17, 18, 52, 53 and 60; Evidence Act, 1872 - Sections 68; Code of Civil Procedure (CPC) - Order 8, Rule 5

Reported in : 2006(1)KLT884

who has proved due execution of the will in the manner required by Section 63(c) of the Indian Succession Act, 1925. It is true that out of the two attesting witnesses, one alone (i.e. PW1) was examined. But the … registered.11. Now coming to the alleged absence of the statutory endorsements of the Sub Registrar under Sections 52, 53 and 60 of the Registration Act, 1908, on Ext.A1, a close scrutiny of the document will show that

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Nov 04 1959

Oughtred Vs. Commissioners of Inland Revenue

Court : House of Lords

Decided on : Nov-04-1959

Subject : Land Acquisition

view that, having regard to paragraph (c) of subsection (1) of section 53 of the Law of Property Act, 1925 (a provision which requires that any disposition of an equitable interest subsisting at the time of the disposition … interest by the Transfer and on the fact that it would be impossible for Peter to put forward successfully a claim to an equitable interest in the settled shares once the consideration shares had been transferred to

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Jun 24 2016

Chittaranjan Narottamdas Negandhi Vs. Hemkala Alias Meenakshi Mansingh ...

Court : Mumbai

Decided on : Jun-24-2016

Subject : Land Acquisition

evidence on record, it is necessary to note the provisions of Sections 59 and 63 of the Indian Succession Act, 1925: "59. Person capable of making Wills.- Every person of sound mind not being a minor may dispose of … two elements. Before I turn to the evidence on record, it is necessary to note the provisions of Sections 59 and 63 of the Indian Succession Act, 1925: "59. Person capable of making Wills.- Every person of … in the year 1973 the said deceased was about the age of 53 years and as stated hereinabove. She was suffering from said decease of

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Oct 27 1966

A. Narayanan and anr. Vs. Commissioner of Income Tax, Madras

Court : Supreme Court of India

Decided on : Oct-27-1966

Subject : Direct Taxation

Acts : Indian Succession Act, 1925 - Sections 111

Reported in : AIR1967SC433; [1967]63ITR466(SC)

made to class of persons, then the thing bequeathed by the operation of section 111 of the Indian Succession Act, 1925, goes only to persons belonging to that class as are alive at the testator's death. But to this

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Apr 07 2008

Sunil Anand and anr. Vs. Mr. Rajiv Anand and ors.

Court : Delhi

Decided on : Apr-07-2008

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 59, 63 and 232

Reported in : 2008(103)DRJ165

superseding the same. The second ground of challenge is equally frivolous because under Section 232 of the Indian Succession Act, 1925, on proof of a will the beneficiaries would be entitled to letters of administration with the will annexed. … and Mohan Dutt Anand (sons) and Raj Suri (daughter). He was the owner of property bearing Municipal No. 53-A, Ring Road, Lajpat Nagar-III, New Delhi. On 17.7.1972 he executed a will Ex.OW-1/1 bequeathing the house in its

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Sep 12 2008

Mahagopal Singh (Died) Per L.R. and ors. Vs. Neela Singh and ors.

Court : Andhra Pradesh

Decided on : Sep-12-2008

Subject : FamilyCivil

Acts : Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68 and 114; Transfer of Property Act - Sections 3; Transfer of Property (Amendment) Act, 1927; Indian Registration Act, 1908

Reported in : 2008(6)ALT154

No. 1 does not satisfy the requirement to prove the will as per Section 63 of the Indian Succession Act, 1925. In support of the said contention, he placed reliance on the judgment of Khusbir Singh v. StateAs per … the Letters Patent by the plaintiffs are against common judgment dt. 3-4-2000 passed in CCCA Nos. 38 and 53 of 1986 whereunder a learned single Judge of this Court allowed CCCA No. 38/1986 filed by the defendant

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