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D. Chelliah Nadar and anr. Vs. G. Lalita Bai and anr.

Court : Chennai

Subject : FamilyProperty

Acts : Constitution of India - Article 254; State (Law) Act, 1951 - Sections 6; Christian Succession Act, 1092; Indian Succession Act, 1925 - Sections 6 and 29(2)

Reported in : AIR1978Mad66

whether the parties are governed by the Travancore Christian Succession Act, Regulation II of 1092, or the Indian Succession Act, 1925. The Indian Succession Act X of 1865 was enacted by the Governor General of India in Council and … in force in British India were extended to Part B States. The section with whichwe are concerned in Section 6. It runs as follows--"If immediately before the appointed day there is in force in any Part B State

K.R. Patel (Dead) Through Lrs. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11(1), 160, 168 and 256(1); Bombay Public Trust Act, 1950 Sections 17, 18, 19, 20, 21, 29 and 36; Indian Succession Act, 1925 - Sections 2, 211, 222, 302, 317 and 366; Mussalman Wakf Validating Act, 1913; Official Trustees Act, 1913 - Sections 7(6); Income Tax Act, 1922 - Sections 4(3), 41 and 176(4); Administrators General Act, 1963

Reported in : AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44

trustees as trustees under the terms of the Will as well as under Section 211(1) of the Indian Succession Act, 1925. It was also held that the trust was public trust. The trust was registered on December 29, 1964.7. … trust was registered on December 29, 1964. Non-registration of the trust under the Act entails penalty under Section 66 of that Act. A Division Bench of the Bombay High Court in Chhatrapati Charitable Devasthan Trust v. Parisa

Mary Roy and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Subject : Property

Acts : States (Laws) Act, 1951 - Sections 2, 3 and 6; Travancore Christian Succession Act, 1092; Indian Succession Act, 1925; Constitution of India - Article 14

Reported in : AIR1986SC1011; 1986(0)KLT508(SC); 1986(1)SCALE250; (1986)2SCC209; [1986]1SCR371; 1986(1)LC515(SC)

originally forming part of the erstwhile state of Travancore or is such intestate succession governed by the Indian Succession Act 1925 and if it continues to be governed by the Tranvacore Christian Succession Act 1092, whether Sections 24, 28 … cannot be accepted.6. The principal infirmity affecting this contention is that it overlooks the repealing provision enacted In Section 6 of the Part B State (Laws) Act, 1951. This section provides that if immediately before the appointed day,

Devisingh S/O Balaramsingh Raghuwanshi and ors. Vs. Smt. Shailabai Wd/ ...

Court : Mumbai

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 6 and 30; Indian Succession Act, 1925 - Sections 63 to 68; Evidence Act, 1872 - Sections 3, 59, 60, 61 and 101

Reported in : 1996(2)BomCR183

of the Will has to be proved in accordance with the provisions of section 63 of the Indian Succession Act, 1925. Further, they have to prove that it is the last Will of the testator. It is then not … on the death of her son Jagjitsingh on 11-8-1979, if there is a notional partition as envisaged by section 6 of the said Act in the branch of her deceased husband Rajendrasingh i.e. amongst Rajendrasingh, her son Jagjitsingh

Smt. Suraj Devi Vs. Smt. Sita Devi

Court : Rajasthan

Subject : Civil

Acts : Succession Act, 1925 - Sections 63 and 276; Rajasthan High Court Ordinance, 1949 - Sections 18; Transfer of Property Act, 1882 - Sections 6; Payment of Gratuity Act, 1972 - Sections 4

Reported in : AIR1996Raj6; 1995(2)WLC640; 1995(1)WLN480

the judgment dated 4-12-93 passed by the District Judge, Jodhpur, granting Probate of a Will under the Indian Succession Act, 1925.2. The facts giving rise to the appeal, stated in brief, are that one Shri Sohan Lal expired on … could not be bequeathed since bequest can only be made in respect of transferable properties. In this respect Section 6 of the Transfer of Property Act may be relevant to be noticed. Clause (g) of the said section

illachi Devi (D) by Lrs. and ors. Vs. JaIn Society, Protection of Orph ...

Court : Supreme Court of India

Subject : Trusts and SocietiesFamily

Acts : Societies Registration Act, 1860; Indian Succession Act, 1925 - Sections 5, 6, 6(7), 218, 218(2), 223, 232, 236 and 276; Indian Succession (Amendment) Act, 1983; Companies Act, 1913 - Sections 2(7); Companies Act, 1866; Companies (Amendment) Act, 1882; General Clauses Act; Constitution of India - Article 372; Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 - Sections 7; Karnataka Societies Registration Act, 1960 - Sections 15; West Bengal Societies Registration Act, 1961 - Sections 19, 19(1) and 19(3); Friendly Societies Act, 1896; Code of Civil Procedure (CPC) , 1908

Reported in : AIR2003SC3397; 97(2004)CLT284(SC); 2003(4)CTC98; 107(2003)DLT137(SC); JT2003(Suppl1)SC428; 2003(8)SCALE190; (2003)8SCC413

in order to render it eligible for the grant of probate or letters of administration under the Indian Succession Act, 1925 shall be the following, namely:(1) The Company shall be either - (a) a company formed and registered under … Press Council of India and Ors. : [2002]2SCR369 stated the law thus:'Clearly, the language of Sub-section (7) of Section 6 abovesaid, is plain and simple. There are two manners of reading the provision. Read positively, it confers a

Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others

Court : Allahabad

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 4, 15(1), 18, 24, 25, 29, 29(1) and (2), 36, 37 to 40 and 47; Indian Succession Rules, 1925 - Rules 6 and 39; Adoption of Children Act, 1926 - Sections 1(1) and 2, 3 and 5(2); Adoption of Children (Amendment) Act, 1949; Adoption Act, 1976 - Sections 39(2); Evidence Act, 1872 - Sections 50, 57(1); Hindu Adoptions and Maintenance Act, 1956 - Sections 12; Punjab Laws Act, 1872 - Sections 5 and 7; Oudh Estate Act, 1869; Sri Pratap Jammu and Kashmir Laws Consolidation Act, 1977; Constitution of India - Articles 13, 21 and 372; Bengal, Agra and Assam Civil Courts Act, 1887; Indian Majority Act, 1875; General Clauses Act, 1904 - Sections 3(57); Universal Declaration of Human Rights, 1948 - Article 16(1); International

Reported in : 2000(4)AWC3270

of U. P. is concerned, intestate succession of Indian Christians is governed by the provisions contained in Indian Succession Act, 1925 and any custom prevalent in the State in this regard would, for the purpose of succession be irrelevant … on 5.12.1980. Her real sister Mrs. Ethel Walters filed a petition in the High Court on 13.5.1981 under Sections 218 and 278 of Indian Succession Act (hereinafter referred to as the Act) for grant of Letters of … contest the petition for grant of Letters of Administration filed under Rule 6 of Chapter XXX of the Rules of the Court was converted into

Dr. (Mrs.) Ruth Annamalai Vs. Mrs. Valliammai Achi, W/O of Late Dr. Al ...

Court : Chennai

Subject : Family

Acts : T.N. Court-fee and Suits Valuation Act, 1955 - Schedule - Sections 55, 56, 61 and 63 - Articles 1 to 6, 7, 11(K); Indian Succession Act, 1925 - Sections 222, 261, 264, 265, 266, 268, 276, 284, 295 and 299; High Court Original Side Rules - Order 25, Rules 4, 25, 55, 689, 690 and 692; Hindu Succession Act, 1956 - Sections 235; Code of Civil Procedure (CPC). 1908 - Sections 26, 75 to 78, 86, 87-B, 90 to 92, 94, 95, 100, 104, 141 and 144 - Order 41 Rule 1; Original Side Rules, 1956 - Order 2, Rules 2, 20 to 50, 51 to 68; Government of India Act, 1915; Indian Oaths Act, 1873; Transfer of Property Act, 1882; Parition Act, 1893; Guardians and Wards Act, 1890; Indian Divorce Act,1869; Specific Relief Act, 1877; Indian Arbitration Act, 1940; Indian Stamp Act, 1899;

Reported in : AIR1991Mad284

the plaintiff filed the O. P. No. 197 of 1988 under Ss. 222 and 276 of the Indian Succession Act, 1925 read with O. XXV, Rule 4 of the Original Side Rules. In the said petition, the petitioner sought … Schedule I of the Tamil Nadu Court-fees Act could not be made applicable because in a preceding under Section 295 of the Indian Succession Act properties were not the subject matter of the dispute. The matter under … alive. The Will propounded by the petitioner is neither true nor valid. 6. Our relationship as wife and son of the deceased is admitted by

Mathuradas Vassanji Vs. Raimal Hirji

Court : Mumbai

Subject : PropertyFamily

Reported in : AIR1935Bom385; (1935)37BOMLR642; 159Ind.Cas.533

pay the claims of all creditors in full, the executor is bound, under Section 323 of the Indian Succession, Act, 1925, to pay them equally and rateably so far as the estate of the deceased, permits. It is not … But the language of Section 323 is very different from that, for instance, of the Indian Trusts Act, Section 6. No advantage seems to result from paraphrasing the language of the Legislature into different terms, which may or

Kewal Krishan Mayor Vs. Kailash Chand Mayor and ors.

Court : Delhi

Subject : FamilyProperty

Acts : Hindu Gains of Learning Act; Gift Tax Act; Income Tax Act - Sections 16(3) and 66A(2); Hindu Succession Act - Sections 6; Indian Succession Act, 1925 - Sections 63; Registration Act;

Reported in : ILR1977Delhi97

the special requirementof the attestation prescribed in the case of a Will by Section 63 of the Indian Succession Act, 1925. The onus is on the propounder and in the absence of suspicious circumstances surrounding the execution of the … would go by survivorship to the survivingco-parceners and not in accordance with Hindu Succession Act. But proviso to Section 6 modifies it by providing that if the deceased left behind him a female relative specified in class I