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Jayamma Vs. Maria Bai Dead by Proposed Lrs. and anr.

Court : Supreme Court of India

Subject : PropertyFamily

Acts : Karnataka Land Reforms Act, 1961 - Sections 2(12), 2(17), 21, 21(1), 24, 48A(4), 48A(5), 48A(5A), 61, 61(1), 61(3) and 77; Indian Succession Act, 1925 - Sections 213, 276 and 299; Hindu Law; Indian Contract Act - Sections 23

Reported in : AIR2004SC3957; 2005(1)CTLJ292(SC); JT2004(6)SC57; 2004(6)SCALE332; (2004)7SCC459

may be noticed.3. The appellant herein filed an application purported to be under Section 276 of the Indian Succession Act, 1925 for grant of letters of administration with a copy of the Will dated 20.2.1984 annexed purported to have … S.B. Sinha, J.1. Interpretation of Section 61 of the Karnataka Land Reforms Act, 1961 (for short, the said Act) falls for consideration in this appeal

K.R. Rajalakshmi Devi (Deceased) by L.Rs Vs. K.R. Chandrasekhar

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 59, 61, 63 and 289; Evidence Act, 1872 - Sections 3, 67 and 68; Registration Act, 1908 - Sections 45 and 47; Constitution of India - Article 136

Reported in : 1998(3)KarLJ634

circumstance by placing satisfactory evidence on record. The Supreme Court in the said decision held as follows: '(B) Succession Act (1925), Section 61 -- Will --Genuineness -- Proof -- Failure of plaintiff to remove suspicious circumstances by placing satisfactory material on … -- Finding of fact as to genuineness of Will by Courts can be interfered with under Article 136. Succession Act (1925), Section 61. R.S.A. No. 974 of 1985 and Civ. Misc. No. 1034-C of 1985, DD: 11-8-1986 (P & H), reversed.

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 … the amended form of valuation of the estate prescribed as per Ss. 61 and 63 of the Act. There can, therefore, be no doubt that

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 … overlooked and the first respondent passed an order to the effect that the Collector can proceed under Section 61(4) of the TNCF & SV Act. The petitioner again made a representation to the first respondent, however, ultimately,

Naresh Charan Das Gupta Vs. Paresh Charan Das Gupta

Court : Supreme Court of India

Subject : Property

Acts : Indian Succession Act, 1925 - Sections 61 and 63

Reported in : AIR1955SC363; [1955]1ITR1035(SC); [1955]1SCR1035

circumstances, without costs. 19. Appeal dismissed. Property - validity of will - Sections 61 and 63 of Indian Succession Act, 1925 - testator (father) died leaving two sons and one daughter - son no.1 (first respondent) son no.2 (appellant) … will must be the offspring of his own volition, and not the record of some one else's'. 14. Section 61 of Indian Succession Act (Act XXXIX of 1925) enacts that, 'A will or any part of a will,

Pandraj Kunjilal Sadh (Deceased) and Rai Kumar Sadh Vs. Santosh Kumari ...

Court : Kolkata

Subject : Land Acquisition

been taken away is the jurisdiction of this Court to try and entertain the proceeding under the Indian Succession Act, 1925 and such jurisdiction has been conferred upon the City Civil Court at Calcutta. According to Mr. Deb, apart … to the High Court from any order made by the City Civil Court, under this Chapter.” (9) In section 61, for the words “The Court” the words “The High Court” shall be substituted. (10) In the proviso to

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

Hindu Succession Act, 1956, Sections 63 to 68 of Indian Succession Act, 1925 and Sections 3, 59, 60, 61 and 101 of Evidence Act, 1872 - it is not enough for propounder of will to prove its … 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

Smt. Swaran Lata Vs. State and Sh. P.P. Sharma

Court : Delhi

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 281; Registration Act, 1908 - Sections 61; Evidence Act, 1872 - Sections 22 and 33, Rule 3; Code of Civil Procedure (CPC) - Order 13, Rules 1 and 2

Reported in : AIR2006Delhi21; 123(2005)DLT264; 2005(84)DRJ135

in as much as it was not in consonance with the provisions of Section 281 of the Indian Succession Act, 1925 and, thereforee, the same was liable to be rejected.2. That the Will was a fabricated document and was … and Kulbhushan was not worthy of reliance.4. That the registration of the Will was not proved as per Section 61 of the Registration Act, 1908.2. Needless to say that Mr. Makhija learned counsel appearing for the respondent refuted

Mangi and Others Vs. Madan Lal and Others

Court : Punjab and Haryana

Subject : Education

as takes away the free agency of the testator" (the words used in Section 61 of the Indian Succession Act, 1925). The mere presence of the beneficiary and/or his close relatives, without any evidence of any other overt act

Pehlad Singh Vs. Surjan Singh

Court : Delhi

Subject : Family

Acts : Code of Civil Procedure (CPC), 1908 - Sections 100; Succession Act, 1925 - Sections 61

Reported in : 5(1969)DLT587

document merely records the obligation that the testatrix felt for the contesting respondents.(7) Section 61 of the Indian Succession Act, 1925, provides that a will or any part oi a will, the making of which has been caused by