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Bhagat Ram and anr. Vs. Suresh and ors.

Court : Supreme Court of India

Subject : PropertyFamily

Acts : Evidence Act, 1872 - Sections 68; Indian Succession Act, 1925 - Sections 2, 63 and 70; Indian Registration Act, 1908 - Sections 58 and 59

Reported in : AIR2004SC436; 2004(2)AWC1179(SC); (SCSuppl)2003(2)CHN144; 98(2004)CLT114(SC); [2004(2)JCR150(SC)]; 2003(10)SCALE13; (2003)12SCC35

Act?Question-1:11. 'Will' and 'codicil' are defined respectively in Clauses (h) and (b) of Section 2 of the Indian Succession Act, 1925 as under:-'(h) 'will' means the legal declaration of the intention of a testator with respect to his property … that he had regularly performed his duty and therefore the facts spelled out by the endorsements made under Section 58 and 59 of the Registration Act may be presumed to be correct without formal proof thereof. The duties

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 … 49, 58 to 191 and 212. Testamentary succession has been dealt with in Part VI of the Act. Section 58 provides that the provisions of Part VI would not apply to the testamentary succession to the property of

L. Bakthavatsalam and ors. Vs. R. Alagiriswamy (Died) and ors.

Court : Chennai

Subject : Property

Acts : Hindu Succession Act, 1956 - Sections 8, 14, 14(1), 14(2), 30 and 63; Central Act, 1986; Indian Succession Act, 1956; Evidence Act, 1872 - Sections 63, 65, 68, 69, 71 and 80; Specific Relief Act - Sections 34; Indian Registration Act, 1908 - Sections 58 and 60; Indian Succession Act, 1925 - Sections 63; Hindu Women's Right to Property Act, 1937 - Sections 3, 14, 15 and 16; Code of Criminal Procedure (CrPC) - Sections 145; Central Act, 1986; Code of Civil Procedure (CPC) - Order 2, Rule 2

Reported in : 2007(5)CTC513; (2007)6MLJ128

has not been taken note of by the learned First Appellate Judge. 45. Section 63 of the Indian Succession Act, 1925 speaks about the execution of unprivileged Wills, which reads as under:63. Execution of unprivileged Wills. - Every testator, … by law to be proved in the manner as provided in Section 68 of the Evidence Act. Under Section 58 of the Registration Act the Registrar shall endorse the following particulars on every document admitted to registration:(1) the

Vazeer Bee and anr. Vs. Putti Begum

Court : Andhra Pradesh

Subject : FamilyProperty

Acts : Transfer of Property Act, 1882 - Sections 5; Succession Act, 1925 - Sections 58

Reported in : AIR1986AP159

Appeal dismissed. Family - will - Section 5 of Transfer of Property Act, 1882 and Section 58 of Succession Act, 1925 - suit for partition filed by daughter on ground that father died intestate - respondent propounded a will

Bilquis ZakiuddIn Bandookwala and Others Vs. Shehnaz Shabbir Bandukwal ...

Court : Mumbai

Subject : Family

Acts : Code of Civil Procedure (CPC) - Order 47; Special Marriage Act, 1954 - Section 21; Indian Succession Act - Sections 29, 31 to 40, 57, 213(2), 63

the Act thus:"21. Succession to property of parties married under Act._ Notwithstanding any restrictions contained in the Indian Succession Act, 1925, with respect to its application to members of certain communities, succession to the property of any person whose … under Section 57 of the Indian Succession Act would not apply to him. 16. The relevant part of Section 58 of the Indian Succession Act reads thus:58. General application of Part._ (1) The provisions of this Part shall

Benga Behera and anr. Vs. Braja Kishore Nanda and ors.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Indian Succession Act, 1925 - Sections 63 and 278; Evidence Act, 1872 - Sections 63, 65, 68, 69, 70 and 71; Registration Act, 1908 - Sections 52 and 58; Transfer of Property Act - Sections 3

Reported in : 2007(5)ALD97(SC); 104(2007)CLT552(SC); (2007)5MLJ159(SC); 2007(7)SCALE228; (2007)9SCC728; 2007AIRSCW3741; AIR2007SC1975; 2007(7)SCALE228; 2007(4)KCCRSN283.

S.B. Sinha, J.1. Interpretation and application of Section 63 of the Indian Succession Act, 1925 as well as Section 68 of the Indian Evidence Act, 1872 vis--vis the requirements of proof of execution … a document for registration is required to be endorsed on every such document at the time of presentation. Section 58 prescribes the particulars to be endorsed on documents admitted to registration, such as:(a) Signature of the person admitting

S. Sudaramurthy and Others Vs. Saraswathi Lakshmanan and Others

Court : Karnataka

Subject : Land Acquisition

in favour of defendants 1 and 2 is void. Attention is drawn to Section 122 of the Indian Succession Act, 1925, which reads as follows: 122. Onerous bequests. “ Where a bequest imposes an obligation on the legatee, he … declaration in that behalf. And such a suit would obviously be barred by limitation in view of Article 58 or Article 113 of the Schedule to the Limitation Act, 1963. Hence the suit was barred by limitation.

Sri S Sundaramurthy Vs. Smt Saraswathi Lakshmanan

Court : Karnataka

Subject : Land Acquisition

in favour of defendants 1 and 2 is void. Attention is drawn to Section 122 of the Indian Succession Act, 1925 , which reads as follows : “122. Onerous bequests. .-Where a bequest imposes an obligation on the legatee, … declaration in that behalf. And such a suit would obviously be barred by limitation in view of Article 58 or Article 113 of the Schedule to the Limitation Act, 1963. Hence the suit was barred by limitation.

Usha Shrikant Rege Vs. Gauri Gajanan Rege

Court : Mumbai

Subject : Land Acquisition

the will must be executed in the presence of the attesting witnesses under Section 63(c) of the Indian Succession Act, 1925. Hence to prove the due execution of the will any of the attesting witnesses or any other witness … hence it must be accepted as an admitted statement. Admitted facts which are not to be proved under Section 58 of the Evidence Act which runs thus are: 58. Facts admitted need not be proved. - No fact

Kamal Kumar Mitra, Deceased Vs. Taxation Services Syndicate Pvt. Ltd.

Court : Kolkata

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 263 and 283; ;Limitation Act, 1963 - Sections 3 and 5 - Schedule - Articles 58, 113 and 137; ;Companies Act, 1956 - Section 220; ;Code of Civil Procedure (CPC) - Sections 47, 151 and 152

Reported in : (2008)3CALLT47(HC),2008(3)CHN384

of a property by the intestate heir, the petitioner had sufficient caveatable under Section 283 of the Indian Succession Act, 1925 to be cited. The petitioner insists that it is, in any event, entitled to maintain an application for … present case.16. The petitioner seeks to compare Article 137 of the Schedule to the Limitation Act to Article 58 thereof. The petitioner submits that whereas in Article 137, the expression is, 'where the right to apply accrues',