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Parmeshwar Prasad (Since Deceased) Lord Northbrook and Others Vs. Stat ...

Court : Delhi

Subject : Education

This judgment shall dispose of the Probate Petition filed by the petitioners under Section 276 of the Indian Succession Act, 1925 for grant of probate on the basis of the Will dated 30.10.1985 read with Codicil dated 7.11.1985. This … Will was not available or the conditions which would have made the secondary evidence admissible in terms of Section 66 of the Evidence Act, 1872 were existing. 69. Further, the learned senior counsel has referred to paragraphs 12

Vipperla Nageswar Rao Vs. Vipperla Sridevi and anr.

Court : Andhra Pradesh

Subject : Family

Acts : Succession Act, 1925 - Sections 66; Evidence Act, 1872 - Sections 68

Reported in : 2006(1)ALD505; 2006(2)ALT135

further contends that the 1st respondent failed to prove the Will, dated 13-9-1990, as required under the Indian Succession Act, 1925 and Indian Evidence Act, 1872, and that the evidence of P.Ws.2 and 3 is hardly of any use, … proved. In this regard, the 1st respondent is under obligation to prove the document, as provided for under Section 68 of the Indian Evidence Act, 1872 and Section 66(c) of the Indian Succession Act, 1925. She is

Vijayben Vashram Vs. State of Gujarat and ors.

Court : Gujarat

Subject : FamilyProperty

Acts : Hindu Law; Succession Act, 1925 - Sections 2(4), 59 and 63; Evidence Act, 1872 - Sections 66 and 67

Reported in : AIR1989Guj75; (1988)2GLR1412

needless to clarify that interim relief, if any, granted earlier stands vacated.18. Appeal dismissed Property - will - Sections 2 (4), 59 and 63 of Succession Act, 1925, Hindu Law and Sections 66 and 67 of Indian … the respondents is very well founded.8. The term 'Will' has been defined in S. 2(h) of the Indian Succession Act, 1925. According to this definition, the important characteristics of a Will are :(i) There must be a legal declaration

Malampati Suryamba and ors. Vs. Venigalla Koteswaramma and ors.

Court : Andhra Pradesh

Subject : Family

Acts : Evidence Act, 1872 - Sections 45, 47, 68, 67 and 73; Succession Act, 1925 - Sections 66; Hindu Succession Act, 1956 - Sections 15 and 16

Reported in : 2010(1)ALT228

examining at least one attesting witness called for the purpose of proving execution. Section 66 of the Indian Succession Act, 1925 (Succession Act, for brevity), requires a Will to be attested at least by two witnesses. Therefore, so as

Commissioner of Wealth Tax, Madras and ors. Vs. Late R. Sridharan by L ...

Court : Supreme Court of India

Subject : FamilyDirect Taxation

Acts : Expenditure Tax Act - Sections 25(1); Special Marriage Act, 1954 - Sections 21; Hindu Marriage Act, 1956; Hindu Succession Act, 1956 - Sections 2(1); Hindu Minority and Guardianship Act, 1956 - Sections 3(1); Indian Succession Act, 1925; Wealth Tax Act, 1957 - Sections 27(1) and 29(1); Income Tax Act - Sections 66(1); Constitution of India - Article 133(1); Hindu Adoptions and Maintenance Act, 1956

Reported in : [1976]104ITR436(SC); (1976)4SCC489; [1976]SuppSCR478; 1976(8)LC668(SC)

the property of a person whose marriage has been solemnized under that Act being governed by the Indian Succession Act, 1925, and not by the ordinary Hindu law, Nicolas Sundaram could not become a member of Hindu undivided family, … of the shares and other investments standing in his name being his exclusive properties and by virtue of Section 21 of the Special Marriage Act, 1954, succession to the property of a person whose marriage has been … made by Sridharan under Section 27(1) of the Wealth Tax Act, Section 66(1) of the Income-tax Act and Section 25(1) of the Expenditure Tax Act,

Sunita Shivdasani Vs. Geeta Gidwani and anr.

Court : Delhi

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 57, 59, 61, 62, 63, 64, 65, 66, 68, 70, 71, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 95, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157 to 189 and 190; Hindu Wills Act, 1870 - Sections 2

Reported in : AIR2007Delhi242

Will.3. By the impugned order dated 22nd May, 2006, learned single Judge has held that under the Indian Succession Act, 1925 (hereinafter referred to as the Act for short), there can be Privileged and Unprivileged Wills. Unprivileged Wills must … expedition or engaged in actual warfare or mariner being at sea. Privileged Will are oral but requirements of Section 66 of the Act must be complied with including presence of two witnesses at the time when the oral

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 … Succession Act 1925 and if it continues to be governed by the Tranvacore Christian Succession Act 1092, whether Sections 24, 28 and 29 of that Act are unconstitutional and void as being violative of Article 14 of … High Court in D. Chelliah v. G. lalita Bai A.I.R. 1978 (Mad.) 66, but even this decision of the Division Bench while disagreeing with the

P. C. Mallick and D. C. Aich, in Re.

Court : Kolkata

Subject : Direct Taxation

Reported in : [1936]4ITR369(Cal)

be entitled under Section 316 of the Indian Succession Act (XXXIX of 1925) to expend such an amount as will be reasonably necessary for the … death of the testator, are part of the necessary funeral ceremonies contemplated by Section 316 of the Indian Succession Act. As I have said, I have some doubt whether it is one of the necessary funeral ceremonies, because … DERBYSHIRE, C.J. - This is a Reference under Section 66 (1) and 66 (2) of the Indian Income Tax Act, XI of 1922, by the commissioner of Income

V.M. Raghavalu Naidu and Sons by Executors, C.G. Krishnaswami Naidu an ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 3, 10, 41 and 41(1)

Reported in : AIR1950Mad790; [1950]18ITR787(Mad); (1950)IIMLJ300

and when the executors of a will have become trustees and the legatees have become beneficiaries.18. Chapter 7, Succession Act, 1925, succinctly defines the duties of executors. Shortly stated it is their duty to clear the estate to pay … Satyanarayana Rao, J.1. This is a consolidated reference under Section 66(1), Income tax Act, by the Appellate Tribunal relating to the relevant assessment years 1942-1943 and 1948-1944; and

Harjinder Kaur and ors. Vs. Sunita and ors.

Court : Himachal Pradesh

Subject : Family

Reported in : 2008(3)ShimLC156

deceased had executed an oral Will in favour of his mother-plaintiff No. 1.6. Section 63 of the Indian Succession Act, 1925 deals with the execution of unprivileged Wills. Every such Will has to be in writing, signed and attested … or airman employed in an expedition or engaged in actual warfare or any mariner being at sea. Under Section 66 of the Indian Succession Act, a privileged Will can be executed by a word of mouth. There is