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Madhukar Rajanna Darbhe Vs. Union of India (Uoi), Through the Secretar ...
Mumbai
Jun-22-2007
Property
Indian Succession Act, 1925 - Sections 2, 57, 213, 213(1) and 213(2); Succession Act, 1925 - Sections 3, 118 and 119; Indian Succession (Amendment) Act, 1962; Hindu Wills Act, 1870 - Sections 2; Indian Succession Act, 1865 - Sections 331; Hindu Disposition of Property Act, 1916; Constitution of India - Articles 14 and 19
2007(5)ALLMR339; 2008(2)BomCR418
challenged in these 2 Writ Petitions on the ground that provisions of Section 57(a) and (b) of Indian Succession Act, 1925, violate Article 14 and 19 of the Constitution of India with prayer to hold that Probate is required
Tag this Judgment! AI Brief & AskMukesh Ramchandra Bhardwaj Vs. Usha Vasantrao Kathale
Mumbai
Apr-15-2005
Family
Indian Succession Act, 1925 - Sections 57, 213(1) and 213(2)
2005(4)ALLMR266; 2005(6)BomCR426; 2005(3)MhLj425
not obtain a probate of the Will as required by Sub-section (1) of Section 213 of the Indian Succession Act, 1925 as well as as per the law laid down by this Court in the case of Babasaheb Yeshwant … Bank at Bhandara and, therefore, it does not fall within the ambit of Sub-clauses (a) and (b) of Section 57 of the Indian Succession Act and, therefore, in view of provisions of Sub-clause (c) of Section 57 of
Tag this Judgment! AI Brief & AskVrandavanla Goverdhanlal Pitti and anr. Vs. Kamala Bai Goverdhanlal an ...
Andhra Pradesh
Apr-01-1969
Property
Succession Act, 1925 - Sections 57, 59 to 190, 211, 213, 222 and 237 to 260
AIR1970AP109
amended by Act XXI of 1870) corresponding to the sections set out in Schedule III of the Indian Succession Act 1925 were made applicable to all wills and codicils specified in clauses (a) and (b) of Section 57 wherever
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
S. Maldi Reddy (Dead) by His Lrs. Vs. M. Ramakrishna Reddy
Andhra Pradesh
Jun-29-2001
Family
Indian Succession Act, 1925 - Sections 57 and 213(1) and (2); Code of Civil Procedure (CPC), 1908 - Order 22, Rule 3
2001(5)ALD128; 2001(4)ALT586
is clear from the bare reading of Section 213(2) read with Section 57(a) and (b) of the Indian Succession Act, 1925 that the prohibition contained in sub-section (1) of Section 213 applies to wills executed by Hindus on or
Tag this Judgment! AI Brief & AskN. Anantha Kumar Vs. P. Anjaneyulu and ors.
Andhra Pradesh
Jan-20-2004
Property
Hindu Succession Act, 1956 - Sections 30; ;Indian Succession Act, 1925 - Sections 57, 59 and 63
2004(4)ALT98
provisions of Section 30 of the Hindu Succession Act, 1956, r/w. Sections 59 and 63 of the Indian Succession Act, 1925.3. The learned Counsel for the appellant/plaintiff had taken this Court thoroughly through the findings recorded by the Court … was enacted subsequent thereto repealing the Acts of 1865 and 1870, but incorporating the provisions thereof in Sections 57(a) and (b) and in 1926 the Act was amended and the provisions of Section 63 of the Indian
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
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 … Buddhist, Sikh or Jaina where such wills are of the classes specified in clauses (a) an d(b) of Section 57; and (ii) in the case of wills made by any Parsi dying, after the commencement of the Indian
Tag this Judgment! AI Brief & AskSmt. Bimla Gaindher Vs. Smt. Usha Gaindher and anr.
Allahabad
Feb-17-2004
Family
Indian Succession Act, 1925 - Sections 57, 213, 214, 299, 370, 372 and 387
AIR2004All329; 2004(2)AWC1855
A.K. Yog, J.1. Above First Appeal From Order under Section 299 of the Indian Succession Act, 1925 (called 'the Act'), filed by Smt. Bimla Gaindhar Is against the judgment and order dated March 12th, 1996 … 'Will', in question did not fall in either of the category contemplated under Clauses (a) or (b) of Section 57 read with Section 213 of the Act.5. The sole question required to be decided in the instant case
Tag this Judgment! AI Brief & AskPrabhakar S/O Chinappa Chavan Vs. State of Maharashtra
Mumbai
Mar-29-2004
Family
Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - Sections 8 and 29(3); Succession Act, 1925 - Sections 57 and 213(2)
2004(4)MhLj886
Shri Bhangde further submitted that in view of the provisions ofSection 213 read with Section 57 of Indian Succession Act, 1925 (hereinafter referred to as 'the Succession Act'), when a right as executor or legatee is to be established
Tag this Judgment! AI Brief & AskShri Bhagwanji Karsanbhai Rathod Vs. Shri Surajmal Anandraj Mehta
Mumbai
Jul-08-2003
PropertyFamily
Indian Succession Act, 1925 - Sections 57 and 213; Indian Succession (Amendment) Act, 1962
AIR2003Bom387; 2003(4)ALLMR85; 2003(5)BomCR228; 2004(1)MhLj62
not necessary in view of the plain language of Section 213 read with section 57 of the Indian Succession Act 1925. If that argument was to be accepted then, obviously there was no other ground which has been held
Tag this Judgment! AI Brief & AskGangavath Lalu Vs. Gangavathi Tulsi
Andhra Pradesh
Feb-13-2001
FamilyProperty
Succession Act, 1925 - Sections 57, 213 and 213(1)
AIR2001AP326; 2001(2)ALT437
been executed.11. Learned counsel for the petitioner, Sri Hari Sreedhar submits that the relevant provisions of the Indian Succession Act, 1925 (for short 'the Act'), more particularly Sections 57 and 213 of the Act were not placed and brought … learned counsel for the petitioner that it is abundantly clear from a reading of Section 213(2) read with Section 57(a) and (b) of the Act that whatever prohibition contained in Sub-section (1) of Section 213 of the Act
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