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P.M. Mani Vs. P.S. Mohankumar and ors.
Chennai
Jun-12-2002
Family
Hindu Law; Hindu Succession Act, 1925 - Sections 8, 222 and 276; Original Side Rules - Order 25, Rule 9; Limitation Act
AIR2002Mad402
that the Will in question was not only executed and attested in the manner required under the Indian Succession Act, 1925, but it should also be found that the said Will was the product of the free volition of … and other members who form joint Hindu family with him. But this position has since been affected by Section 8 of the Hindu Succession Act. Since the Preamble to the Act reiterates that the Act is to 'amend'
Tag this Judgment! AI Brief & AskSunderlal Chourasiya Vs. Tejila Chourasiya and ors.
Madhya Pradesh
Mar-17-2004
Family
Succession Act, 1925 - Sections 107 and 109; Hindu Succession Act, 1956 - Sections 8
AIR2004MP138; 2004(2)MPLJ193
the finding on this issue has become final. The trial Court by applying Section 109 of the Indian Succession Act, 1925 (in short 'the Act') held that the heirs of Chhiddilal (Defendants 2 to 8) would be entitled for
Tag this Judgment! AI Brief & AskChander Kumar JaIn Vs. Anand Kumar JaIn and Another
Allahabad
Jul-29-1999
Family
Indian Succession Act, 1925 - Sections 2, 264 (1), 265 (1) and 269 (1); Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 8 and 8 (2); Arbitration and Conciliation Act, 1996 - Sections 2 and 42
1999(4)AWC2785
that in view of the definition of the District Judge as contained in Section 2(fab) of the Indian Succession Act. 1925 (hereinafter called as the Act) the transferee Court is not a principal civil court of original Jurisdiction. That … to grant probate and letters of administration in non-contentious cases.8. Besides the above provisions of law, provisions of Section 8 of the Bengal, Agra and Assam Civil Courts Act, 1887, are also applicable to the State of Uttar
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Kariyamma Vs. Assistant Commissioner and Land Acquisition Officer
Karnataka
Aug-21-1992
Family
Indian Succession Act, 1925 - Sections 214, 214(1) and 214(2); Code of Civil Procedure (CPC) , 1908 - Sections 47 and 146 Order 21, Rules 10 and 11 - Order 22, Rule 12
ILR1992KAR2807
the legal representative/legal representatives of deceased decree-holder to produce succession certificate as envisaged under Section 214 of Indian Succession Act, 1925, in cases where they initiate execution proceedings in the first instance as claiming himself or herself or themselves … this Court has discussed the scope of Section 214 of the Indian Succession Act and as well as Section 8 of the Hindu Succession Act. Relevant passages in the Judgment are:-'It is not denied that the respondent had
Tag this Judgment! AI Brief & AskRaj Kumari Sharma Vs. Rajinder Nath Dewan and ors.
Delhi
Mar-25-1987
Family
Succession Act, 1925 - Sections 111
AIR1987Delhi323; 1987(13)DRJ139
and female heirs in view of changed social and economic conditions. The provisions of Section 111 of the Succession Act, 1925 and the intention of the testator to benefit his legal heirs in his Will of 1942 is to … as legal heirs of the testator.(2) The plaintiff who is the appellant herein and defendants 6, 7 and 8 are the daughters of Shri Ram Nath Dewan and defendant No. 1 was his son (now represented by
Tag this Judgment! AI Brief & AskKumara Swamy S/O Somashekar Vs. Dharme Gowda S/O Late Shanthamallegowd ...
Karnataka
Apr-22-2009
Family
Hindu Succession Act - Sections 8, 14, 14(1) and 30; Indian Succession Act, 1925 - Sections 59
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 … of late Shanthamallegowda under a partition, it became his separate property and upon his death by virtue of Section 8 of the Hindu Succession Act, the plaint schedule properties ought to have been divided among all his Class-1
Tag this Judgment! AI Brief & AskSmt. Kariyamma and Others Etc. Vs. the Assistant Commissioner and Land ...
Karnataka
Aug-21-1992
Civil
Code of Civil Procedure (CPC), 1908 - Sections 47 and 146 - Order 21, Rules 10, 11 and 16 - Order 22, Rule 12; Indian Succession Act, 1925 - Sections 214(2); Wealth-tax Act - Sections 2; Hindu Succession Act, 1956 - Sections 8 and 88; Administrator General's Act, 1913 - Sections 31 and 32
AIR1993Kant321; 1992(3)KarLJ573
the legal representative/legal representatives of deceased decree-holder to produce succession certificate as envisaged under Section 214 of Indian Succession Act, 1925, in cases where they initiate execution proceedings in the first instance as claiming himself or herself or themselves … this Court has discussed the scope of Section 214 of the Indian Succession Act and as well as Section 8 of the Hindu Succession Act. Relevant passages in the Judgment are (at p. 199 of AIR):-- 'It is
Tag this Judgment! AI Brief & AskL. Bakthavatsalam and ors. Vs. R. Alagiriswamy (Died) and ors.
Chennai
Oct-12-2007
Property
Hindu Succession Act, 1956 - Sections 8, 14, 14(1), 14(2), 30 and 63; Central Act, 1986; Indian Succession Act, 1956; Evidence Act, 1872 - Sections 63, 65, 68, 69, 71 and 80; Specific Relief Act - Sections 34; Indian Registration Act, 1908 - Sections 58 and 60; Indian Succession Act, 1925 - Sections 63; Hindu Women's Right to Property Act, 1937 - Sections 3, 14, 15 and 16; Code of Criminal Procedure (CrPC) - Sections 145; Central Act, 1986; Code of Civil Procedure (CPC) - Order 2, Rule 2
2007(5)CTC513; (2007)6MLJ128
has not been taken note of by the learned First Appellate Judge. 45. Section 63 of the Indian Succession Act, 1925 speaks about the execution of unprivileged Wills, which reads as under:63. Execution of unprivileged Wills. - Every testator, … into force of the Hindu Succession Act, his heirs as per the Schedule, take it in terms of Section 8 of the Act. The heir or heirs take it absolutely. There is no question of any limited estate
Tag this Judgment! AI Brief & AskBay Berry Apartments Pvt. Ltd. and anr. Vs. Shobha and ors.
Supreme Court of India
Oct-19-2006
PropertyFamily
Hindu Succession Act, 1956 - Sections 4, 4(1), 6, 8 and 14(1); ;Limitation Act, 1963 - Schedule - Articles 49, 59 and 60; ;Code of Civil Procedure (CPC) - Order 7, Rule 7; Hindu Law of Inheritance (Amendment) Act, 1929; Indian Succession Act, 1925 - Sections 119; ;Transfer of Property Act - Sections 41; ;Constitution of India - Article 136
AIR2007SC226; 2007(1)AWC266(SC); (SCSuppl)2007(1)CHN68; JT2006(9)SC404; 2006(10)SCALE596
obtaining therein and in particular, having regard to terms of the Will and Section 119 of the Indian Succession Act, 1925, it was held:We are, therefore, of the opinion that by operation of law, i.e., by virtue of Section … the Act is not to give retrospective effect to its provisions. Those are the very words found in Section 8. These may be contrasted with the words of Section 6 'where a male Hindu dies after the commencement
Tag this Judgment! AI Brief & AskVera D. Thackersey Vs. Bai Manekbai Annasaheb Thackersey
Mumbai
Feb-11-1976
Family
Indian Succession Act, 1925 - Sections 2, 264, 264(1), 265, 265(1), 266, 267, 268, 272, 283, 286, 288 and 299; Bombay Civil Courts Act, 1869 - Sections 28-A and 28-A(1); Bombay High Court Orders; Bombay High Court Rules - Rules 55 and 255; Indian Succession Act, 1865; Probate and Administration Act, 1881; Code of Civil Procedure (CPC), 1908; Madras Civil Courts Act - Sections 29(1); Payment of Wages Act, 1936; Bombay City Municipalities Act, 1925; General Clauses Act, 1897 - Sections 8(1)
AIR1977Bom419; (1976)78BOMLR543
which was vested in the High Court. 5. Our attention was invited to certain provisions of the Indian Succession Act, 1925, Section 28-A of the Bombay Civil Courts Act. 1869 and R. 255 of the High Court Rules, Civil Manual … apparently proceeding on the basis that she was the District Delegate, for reasons we shall be stating hereafter. 8. Section 28-A of the Bombay Civil Courts Act, 1869 empowers the High Court to invest Civil Judges with
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