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Kanwaljet Singh Chowdhary Vs. Harnam Singh and anr.
Delhi
Oct-07-1995
FamilyProperty
Succession Act, 1925 - Sections 82
60(1995)DLT827; 1995(35)DRJ468
read as a whole to understand the intention of the testator or the testatrix. This is clear from Section 82 of the Indian Succession Act, 1925. In the present case, if all the clauses are read together, it … clause, the latter would prevail. The Supreme Court observed that this followed from Section 88 of the Indian Succession Act, 1925. The Judgment of the High Court was confirmed. (10) Learned counsel for the appellant submitted that the Will
Tag this Judgment! AI Brief & AskMrs. Lyla Darius Jehangir (Nee Ghaswala) Vs. Bakhtawar LentIn of Mumba ...
Mumbai
Dec-12-2006
FamilyProperty
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
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 … 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 clause in a Will is to be collected from the entire instrument,
Tag this Judgment! AI Brief & AskRaghbir Singh and ors. Vs. Budh Singh Etc.
Delhi
Aug-11-1977
FamilyProperty
Indian Succession Act, 1925 - Sections 82, 83, 85 and 87
AIR1978Delhi86; 13(1977)DLT196
regarding the construction of the wills are to be found firstly in the relevant provisions of the Indian Succession Act, 1925 (hereinafter referred to as the Act) and secondly in the relevant decisions of -the Supreme Court. Section 57 … entitled 'Of the Construction of Wills.' The relevant rules bearing on the will before us are as follows:- 'SECTION 82. The meaning of any clause in a will is to be collected from the entire instrument, and all
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Controller of Estate Duty, Bombay City-iii Vs. Bai Suntokbai Damodar G ...
Mumbai
Aug-30-1979
Direct Taxation
Succession Act, 1925 - Sections 57, 82, 88 and 121
(1980)15CTR(Bom)116; [1981]132ITR223(Bom); [1980]3TAXMAN42(Bom)
19, 1913. This will was executed in Bombay. Accordingly, under clause (a) of s. 57 of the Indian Succession Act, 1925, the provisions of Pt. VI of the said Act set out in Sch. III thereto, subject to the … the said Act set out in Sch. III thereto, subject to the restrictions and modifications specified therein, apply. Section 82 of the said Act provided that the meaning of any clause in a will is to be collected
Tag this Judgment! AI Brief & AskDarjus Jehangir Vs. Lyla Minoo Ghasvalla and Others
Mumbai
Dec-22-1999
Family
Successions Act, 1925 - Sections 74, 75, 82, 83, 88, 119, 120, 131 and 132; Guardians and Wards Act, 1890 - Sections 29
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 … been made to respondent No. 1 and conditional in some of the others. Mr. Bookwala had relied upon sections 74, 75, 82, 88, 119, 120, 131 and 132 of the Indian Succession Act, 1925. Mr. Bookwala has
Tag this Judgment! AI Brief & AskDowager Rani Lalitha Kumari Devi and ors. Vs. the Raja of Vizianagaram ...
Chennai
Apr-25-1952
FamilyProperty
Succession Act, 1925 - Sections 82 and 97; Hindu Law; Madras Impartible Estates Act, 1904 - Sections 2(3), 3, 7 and 14; Evidence Act, 1872 - Sections 115
AIR1954Mad19
above and the parties will bear their costs throughout. Family - will - Sections 82 and 97 of Succession Act, 1925, Hindu Law, Sections 2 (3), 3, 7 and 14 of Madras Impartible Estates Act, 1904, and Section 115
Tag this Judgment! AI Brief & AskAnilkumar Narharrao Satarkar and ors. Vs. Shrinivas Alias Digambar Ach ...
Mumbai
Sep-20-1993
Family
Indian Succession Act, 1925 - Sections 82 and 124
1994(2)BomCR106
hereby dismissed. The parties are however, directed to bear their respective costs throughout. Family - probate - Sections 82 and 124 of Indian Succession Act, 1925 - petitioner claiming right over testator's estate based upon will - … first contingency and to these three plaintiffs in the second. At this juncture, section 124 of the Indian Succession Act, 1925 has to be considered. Section 124 reads thus,-'Where a legacy is given if a specified uncertain event shall
Tag this Judgment! AI Brief & AskController of Estate Duty Vs. K. Radhakrishnan
Kerala
Nov-13-1997
Direct Taxation
Estate Duty Act, 1953; Indian Succession Act - Sections 82
[1998]232ITR879(Ker)
has to be gathered by reading the whole recitals contained in the will. Section 82 of the Indian Succession Act, 1925, provided that the meaning of any Clause in a will is to be collected from the entire instrument
Tag this Judgment! AI Brief & AskA. Rangaswami Pillai Vs. A. Subramania Pillai and ors.
Chennai
Mar-13-1974
FamilyProperty
Evidence Act, 1872 - Sections 32(7) and 114; Trusts Act, 1882 - Sections 82; Succession Act, 1925 - Sections 63
AIR1975Mad141
37 (2) and 114 of Evidence Act, 1872, Section 82 of Trusts Act, 1882 and Sections 63 of Succession Act, 1925 - deceased purchased property out of his own funds in name of his wife - wife made will
Tag this Judgment! AI Brief & AskKashiram Vs. Bhura and ors.
Madhya Pradesh
Aug-22-1980
Property
Succession Act, 1925 - Sections 82 to 88 and 95; Hindu Succession Act, 1956 - Sections 14(2); Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1951 - Sections 2(9) and 38
AIR1981MP236
as a whole. The decided cases and the provisions contained in Sections 82 to 88 of the Indian Succession Act, 1925, lay down that as far as possible such construction as would give to every expression in the Will … Abolition of Proprietary Rights (Estates, Mahals. Alienated Lands) Act, 1950, that malikmakbuza rights were conferred on her under Section 38 of the Abolition Act since she was in possession on the date of abolition and that as
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