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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 … proceedings like Commissions and letters of request.Order XXVI provides for appointment of Commissions in cases referred to in Section 75.Part IV deals with suits in particular cases, like suits against Government by aliens and foreign States.Sections 90 to

Darjus Jehangir Vs. Lyla Minoo Ghasvalla and Others

Court : Mumbai

Subject : Family

Acts : Successions Act, 1925 - Sections 74, 75, 82, 83, 88, 119, 120, 131 and 132; Guardians and Wards Act, 1890 - Sections 29

Reported in : AIR2000Bom372; 2000(2)ALLMR32; 2000(3)BomCR447; (2000)2BOMLR108

Mr. Bookwala had relied upon sections 74, 75, 82, 88, 119, 120, 131 and 132 of the Indian Succession Act, 1925. Mr. Bookwala has relied on the decisions in the cases of (i) Re. Rowland & another 1963 CD … Will. The only requirement is that the wording be such that the intentions of the testator are clear. Section 75 requires the Court to enquire into every material fact relating to the person who claim to be interested

Mrs. Jerbanoo Khurshed Cursetji and ors. Vs. Adi Khurshedji Cursetji

Court : Mumbai

Subject : Family

Acts : Succession Act, 1925 - Sections 75 and 107; Evidence Act, 1872 - Sections 101

Reported in : 1993(2)BomCR67; (1993)95BOMLR374

Stay is refused.35. Issue of certified copy is expedited. Family - probate - Sections 75 and 107 of Succession Act, 1925 and Section 101 of Evidence Act, 1872 - petition for probate - testator entitled to bequest all property

Mrs. Lyla Darius Jehangir (Nee Ghaswala) Vs. Bakhtawar LentIn of Mumba ...

Court : Mumbai

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 74, 75, 80, 81, 82, 85, 86, 87, 88, 95, 104, 119, 187 and 188; Bombay High Court (Original Side) Rules, 1980 - Rules 223 and 238

Reported in : 2007(3)ALLMR171; 2007(1)BomCR915; (2007)109BOMLR107; 2007(1)MhLj545

to be construed by us, we deem it proper to refer to the relevant provisions of the Indian Succession Act, 1925, particularly Chapter VI of Part VI, which deals with the construction of Wills.Section 74 says that it is … Will, but only that the wording be such that the intentions of the testator can be known therefrom.Section 75 enables the court to inquire into the questions as to the object or subject of a will and

Rakesh Arora Vs. S.D. Technical Service (P) Ltd. and ors.

Court : Delhi

Subject : FamilyProperty

Acts : Succession Act, 1925

Reported in : 61(1996)DLT852

.is a whole should be read for ascertaining the intention of the testator. The provisions in the Indian Succession Act, 1925 would give us clear guidelines for the interpretation of a Will. In Chapter Vi in the Indian Succession … the Indian Succession Act, the provision are given laying down the rules for the interpretation of a Will. Section 75 give us the idea to determine question as to object or subject of Will. The Section reads as

Sunkana Sivaram and anr. Vs. Thota Venkata Seshubai (Died) and ors.

Court : Andhra Pradesh

Subject : FamilyCivil

Acts : Indian Succession Act, 1925 - Sections 15, 75, 83, 84, 86, 87, 88, 93, 97, 112, 113, 114, 115, 116, 124 and 192 to 195; Hindu Succession Act, 1956 - Sections 15 and 15(2); Land Acquisition Act - Sections 18; Hindu Transfers and Bequests Acts, 1914; Hindu Disposition of Property Act, 1916; Hindu Transfers and Bequests (City of Madras) Act, 1921; Transfer of Property Act - Sections 13; Hindu Law; Code of Civil Procedure (CPC) - Order 1, Rule 10

Reported in : 2005(6)ALT264

by Sri Gadireddy Rama Rao and the validity thereof in the light of the provisions of the Indian Succession Act, 1925, hereinafter in short referred to as 'Act' for the purpose of convenience.2. Originally, the plaintiff Thota Venkata Seshu … testator makes his Will, such as the state of his property, of his family and the like: see Section 75 of the said Act.The circumstances under which the Will was executed by the testator may be gathered from

Smt. Chandania Vs. Gyan Chand and ors.

Court : Allahabad

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 34; Succession Act, 1925 - Sections 74 and 75; Code of Civil Procedure (CPC) , 1908 - Sections 100 and 101

Reported in : AIR1989All75

for - suit not barred under Section 34. (ii) Authenticity of Will - Sections 74 and 75 of Succession Act, 1925 - suspicion of vested interest - if person shows interest in or takes part in execution of Will

S. Kanthimathy, S. Lakshmi, S. Vs. the Woodlands Estates Limited and

Court : Company Law Board CLB

Subject : Land Acquisition

Reported in : (2008)144CompCas830

phrase "so far as may he" means "to the extent possible". 6.12 By virtue of Section 2(bb) and Section 75 of Indian Succession Act, 1925 any question as to the object or subject of Will shall be enquired … which may be condoned by invoking the provisions of Section 5 of the Limitation Act. 5.9 The Indian Succession Act, 1925 does not confer executive jurisdiction on civil courts to interpret any Will, but only in respect of probate

Mandala Madhava Rao Vs. Mandala Yadagiri and Others

Court : Andhra Pradesh

Subject : Family

Acts : Succession Act, 1925 - Sections 88; Code of Civil Procedure (CPC), 1908 - Sections 107 - Order XLI, Rules 26 and 27

Reported in : 2001(3)ALD577; 2001(3)ALT295

Supreme Court reiterated the above principles.20. Nextly, it is necessary to refer to Section 88 of the Indian Succession Act, 1925 (hereafter called 'the Succession Act'), which reads as under :Where two clauses or gifts in a Will are

Anil Behari Ghosh Vs. Smt. Latika Bala Dassi and ors.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 263

Reported in : AIR1955SC566; [1955]2SCR270

to costs in respect of the other respondent. Property - revocation of will - Section 263 of Indian Succession Act, 1925 - appeal against Order of High Court - appellant's father next reversioner to estate - no citation issued