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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 … where the words of a Will are unambiguous, but for its applications extrinsic evidence may be necessary. But Section 81 makes extrinsic evidence inadmissible in case of patent ambiguity or deficiency.Section 82 highlights that the meaning of any

Gurswarup Joshi Vs. Beena Sharma and ors.

Court : Supreme Court of India

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 81, 89 and 276

Reported in : AIR2006SC1999; 2007(1)AWC263(SC); (SCSuppl)2006(4)CHN45; 2006(3)CTC53; JT2006(5)SC223; (2006)3MLJ43(SC); 2006(4)SCALE558; (2006)5SCC119

In 1984, the 1st respondent herein filed an application purported to be under Section 276 of the Indian Succession Act, 1925 ('the Act', for short) for grant of probate in respect of the said Will. Objections were filed thereagainst. … The High Court, therefore, was first required to determine the validity or otherwise of the said Will. Sections 81 and 89 of the Indian Succession Act read thus:81. Extrinsic evidence inadmissible in case of patent ambiguity or

Sreemanthula Kesavachari (Died) Per L.R. Sreemanthula Rajeswaramma Vs. ...

Court : Andhra Pradesh

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 214 and 214(1); Legal Services Authorities Act, 1987 - Sections 22(3); Administrator General's Act, 1913 - Sections 31 and 32; Succession Certificate Act, 1889; Indian Penal Code (IPC) - Sections 193, 219 and 228; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; Code of Civil Procedure (CPC) - Order 21, Rule 51

Reported in : AIR2008AP74; 2007(6)ALD796; 2008(1)ALT1

Petition by observing that the petitioner failed to obtain a succession certificate under Section 214 of the Indian Succession Act, 1925, therefore, the objection raised by the Judgment Debtor was considered and the petitioner is directed to obtain succession … of profits payable in respect of a land used for agricultural purposes.In Basappa v. Siddamma AIR 1966 MYSORE 818, the Mysore High Court held that:The Executing Court could not proceed with the execution unless and until the

S.A. Quddus Vs. S. Veerappa and Others

Court : Karnataka

Subject : Family

Acts : Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 33, 65 and 68; Karnataka Registration Rules, 1965 - Rules 81; Mysore Registration Rules, 1965 - Rule 81

Reported in : AIR1994Kant20

that Will has been duly proved. Its execution and attestation as required under Section 63 of the Indian Succession Act, 1925 are proved. The contentions therefore raised with regard to the validity of the Will stand rejected. Validity of … no identification of Rudramma the executant of the will at the time of registration as required under R. 81 of the Mysore Registration Rules 1965; (4) Active participation of plaintiff-1 in getting the will executed in his

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 testator which has to be primarily gathered from the words used by him in the Will. Section 81 of the Indian Succession Act, 1925 makes an extrinsic evidence to ascertain the intention of the testator inadmissible … 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

A.S.Dhanapal Vs. the Deputy Registrar of Co-operative

Court : Chennai

Subject : Constitution

Acts : Tamil Nadu Co-operative Societies Act, 1983 - Section 80, 81(4), 82, 87(1); Constitution of India - Articles 226; Code of Civil Procedure(CPC), 1908 - Section 8087-B; Railways, Act, 1890 - Section 77; Bombay Rent Act, 1947 - Section 15; Succession Act, 1925 - Section 213; Prevention of Corruption Act, 1947 - Section 5-A; Companies Act, 1956 - Section 108; Prevention of Food Adulteration Act, 1954 - Section 20(1); Wild Life Protection Act, 1972 - Section 55; Industrial Disputes Act, 1947 - Section 33(2)(b)

(Vide Waman Shriniwas .. Vs .. Ratilal Bhagwandas & Co., (A.I.R. 1959 S.C. 689)), Section 213 of the Succession Act, 1925 (Vide Hem Nolini Juddah .. Vs ..Isolyne Sarojabashini Bose (A.I.R. 1962 S.C. 1471)), Section 5-A of the Prevention … on the same day. He has also been disbursed with all retirement benefits.3. An enquiy was conducted under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 [hereinafter referred to as 'Act'] in respect of the affairs

Janardan Govind Gore Vs. the Advocate General of Bombay

Court : Mumbai

Subject : Family

Reported in : AIR1939Bom202; (1939)41BOMLR341

the principle of justice, equity and good conscience, and apart from Sections 80 and 81 of the Indian Succession Act, 1925. That however in my opinion is not a case which has any bearing upon the matter before me.8. … in themselves are capable of a number of different meanings, and he submitted that he was entitled by Section 80 of the Indian Succession Act to adduce extrinsic evidence to show that these words admit of only

Crystal Developers Vs. Smt. Asha Lata Ghosh (Dead) Through Lrs. and or ...

Court : Supreme Court of India

Subject : PropertyFamily

Acts : Indian Succession Act, 1925 - Sections 2, 59, 61, 63, 211, 211(1), 212, 213, 213(1), 214, 216, 218, 218(1), 218(2), 219, 220, 221, 222, 227 235, 263, 273, 278, 297, 307, 317 and 332; ;Transfer of Property Act - Sections 41; ;Evidence Act - Sections 41 and 68; ;Code of Civil Procedure (CPC) - Order 23, Rule 3B; Indian Succession Act, 1865 - Sections 234; Constitution of India - Article 136

Reported in : AIR2004SC4980; 2005(1)ALD1(SC); 2005(5)ALLMR(SC)64; (2005)1CALLT45(SC); 2004(5)CTC121; JT2004(9)SC64; (2004)4MLJ172(SC); 2004(8)SCALE390; (2005)9SCC375

adopted the arguments advanced on behalf of defendant No. 14 and submitted that under section 211 of Indian Succession Act, 1925, the estate of the deceased testator vests in the executor from the date the will becomes enforceable, i.e.

N. Radhakrishna Naidu and ors. Vs. S. Govindaswami Naidu and anr.

Court : Chennai

Subject : FamilyProperty

Reported in : (1975)1MLJ212

took a vested interest in the suit properties, the bequest is hit by Section 113 of the Indian Succession Act, 1925, because his interest was liable to be diminished or reduced if other sons were born to Sethulakshmi Ammal. … Mr. Balasubramaniam, for this purpose relied on my decision in K.N. Kumarakrishnan v. Mrs. Sundarambal and Ors. (1968) 81 L.W. 587. In that case, the terms of the will I had to consider were as follows:After my

Mrs. Perviz Sarosh Batliwalla and Another Vs. Mrs. Viloo Plumber and A ...

Court : Mumbai

Subject : Family

Acts : Succession Act, 1925 - Sections 51 and 263; Probate and Administration Act, 1881 - Sections 81; Indian Succession Act, 1865 - Sections 250

Reported in : AIR2000Bom189; 2000(2)ALLMR78; 2000(3)BomCR404; 2000(3)MhLj39

on the copy of the order duly authenticated by the Associate of this Court.9. Petition dismissed. The Indian Succession Act, 1925 - Section 263 - Revocation of Probate Petition by person who has not even slight interest in the … v. Gopal Dass, (3). The provisions of section 250 of the Indian Succession Act X of 1865, and section 81 of the Probate and Administration Act V of 1881, are that the interest which entitles a person to