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Vrandavanla Goverdhanlal Pitti and anr. Vs. Kamala Bai Goverdhanlal an ...

Court : Andhra Pradesh

Subject : Property

Acts : Succession Act, 1925 - Sections 57, 59 to 190, 211, 213, 222 and 237 to 260

Reported in : 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 … general bequests.A prima facie reading of Section 57 and the consideration of the application of the provisions of Section 59 to 190 would show that they have noting to do with the obtaining of a probate in respect

Smt. Giddamma and anr. Vs. Smt. Venkatamma, (Dead by Lrs) and ors.

Court : Karnataka

Subject : Family

Acts : Evidence Act, 1872 - Sections 45, 47, 67 68, 69, 70 and 71; Succession Act, 1925 - Sections 59 and 63

Reported in : ILR2009KAR992; 2009(4)KarLJ696

provisions. Ex.D1 being a will, it is necessary to also notice Sections 59 & 63 of the Indian Succession Act, 1925 ('Succession Act' for short). Section 59 provides that, every person of sound mind, not being a minor, may

Max Cajeton Travasso of Bombay Indian Christian Inhabitant and Peter C ...

Court : Mumbai

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 59 and 63; Evidence Act - Sections 68

Reported in : 2009(111)BomLR3743

the execution of genuine Will.9. All the ingredients, as contemplated under Sections 59 and 63 of the Indian Succession Act, 1925 read with Section 68 of the Evidence Act and as elaborated in Savithri and Ors. v. Karthyayani Amma

Kumara Swamy S/O Somashekar Vs. Dharme Gowda S/O Late Shanthamallegowd ...

Court : Karnataka

Subject : Family

Acts : Hindu Succession Act - Sections 8, 14, 14(1) and 30; Indian Succession Act, 1925 - Sections 59

Reported in : 2009(4)KCCR2907; 2010(2)KarLJ336; 2010AIR(Kar)352(NOC)

of being so disposed of by him or by her in accordance with the provisions of the Indian Succession Act 1925. Explanation to Section 30 explains as to what is the interest of a Hindu which can be disposed … Therefore, Section 30 of the Hindu Succession Act has no application to the facts of the case. 20. Section 59 of the Indian Succession Act states as to the person who is capable of making the Will. According

M. Kandiah Pillai (Died) and Six Others Vs. S. Mehalingam and Seven Ot ...

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 -- Sections 63 (2), 68; Transfer of Property Act, 1882 -- Sections 59

Reported in : 2000(4)CTC490

attestation Is also not proved, the facts of execution is of no avail. Section 63 of the Indian Succession Act, 1925 also lays down certain rules with regard to the execution of unprivileged Wills, clause (c) of Section 63 … Ed. P. 129. In Ganga Pershad v. Ishri Pershad, AIR 1918 PC 3, dealing with the provisions of Section 59 of the Transfer of Property Act. The Privy Council observed that witnesses signing on mere acknowledgment of execution,

Sh. Rama Kant Chaturvedi Vs. Sh. Mithlesh Chandra Chaturvedi

Court : Delhi

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 2, 59 and 63; Evidence Act, 1872 - Sections 67 and 68

Reported in : 94(2001)DLT511; 2001(60)DRJ321

argued that the defendant No.1 has discharged his onus of proving the Will. Section 2(h) of the Indian Succession Act, 1925 defines the Will which means legal declaration of the intention of a testator with respect to his property … Will is written and signed by the testator in his own handwriting and attested by two witnesses. Sections 59 and 63 of the aforesaid Act governs the execution of the Will. The Will of the deceased father

N. Anantha Kumar Vs. P. Anjaneyulu and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Hindu Succession Act, 1956 - Sections 30; ;Indian Succession Act, 1925 - Sections 57, 59 and 63

Reported in : 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

O.S. Ramaswamy Vs. Personal Assistant (G) to the Collector of Madras S ...

Court : Chennai

Subject : Family

Acts : Tamil Nadu Court Fees and Suits Valuation Act, 1955 - Sections 59, 59(1), 59(3), 59(4), 59(5) 61(4), 64(4) and 64(5); Indian Succession Act, 1925 - Sections 317; Revenue Recovery Act

Reported in : AIR2007Mad105; 2006(5)CTC541; (2007)1MLJ301

six months from the date of exhibition of the inventory as required by Section 317 of the Indian Succession Act, 1925.7. In our case, we have already referred to the fact that Probate was granted on 08.02.1990. We have … District Collector, for the valuation of the property was done. However, the first respondent issued a notice under Section 59(1) of the Tamil Nadu Court Fees and Suits Valuation Act,1955, (in short 'T.N.C.F. & S.V. Act') signed on

N. Ramaiah Vs. Nagaraj S. and Another

Court : Karnataka

Subject : FamilyProperty

Acts : Transfer of Property Act, 1882 - Sections 5; Indian Sucession Act, 1925 - Sections 2, 59 and 63; Hindu Succession Act, 1956 - Sections 30; Code of Civil Procedure (CPC), 1908 - Order 39, Rule 1 - Order 1, Rule 3

Reported in : AIR2001Kant395; ILR2001KAR3466; 2001(4)KarLJ12

order of status quo. Therefore her Will, as also the bequest of the property thereunder, are invalid. (ii) Section 59 of the Indian Succession Act, 1925 enumerates the persons capable of making Wills. Explanation 1 thereto makes it … more living persons. The provisions of TP Act are inapplicable to testamentary successions which are governed by Indian Succession Act, 1925. Section 2(h) of the Indian Succession Act defines 'Will' as the legal declaration of the intention of a testator

Shirish Popatlal Shah Vs. Arun Popatlal Shah

Court : Mumbai

Subject : Land Acquisition

A Will is proved if it meets the requirements of Sections 59, 61 and 63 of the Indian Succession Act, 1925. Section 59 says that a Will can be validly made by any adult of sound mind. The testamentary or dispositive