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T.N. Krishna Pillai S/O Nallaperumal, Vs. K. Nallaperumal S/O T.N. Kri ...

Court : Chennai

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 84, 87, 88, 97, 113, 114 and 138

Reported in : (2002)3MLJ667

ER 308 : 54 TLR 903. 5. This principle is also contained in Section 88 of the Indian Succession Act, 1925 which, together with its illustrations, provides as under: 'The last of two inconsistent clauses prevails:- Where two clauses … The learned Counsel also relied on the decision in LAKSHMI AMMAL AND ANOTHER VS . ALLAUDDIN SAHIB .11. Section 84 of the Indian Succession Act provides that,'where a clause is susceptible of two meanings according to one of

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 … Succession Act. So too, all parts of a Will should be construed in relation to each other; vide Section 84 of the said Act. It is also a well recognized rule of construction that the Court will look

Vinod Kumar Chaudhary and ors. Vs. Garib Nath Chaudhary and ors.

Court : Patna

Subject : Family

Acts : Indian Successive Act, 1925 - Sections 59 and 63

of the will (Ext.1) Mostt. Deomatia was in a sound state of mind. Section 59 of the Indian Succession Act 1925 lays down that every person of sound mind not being a minor may dispose of his property by

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 … collected from the entire instrument and all its parts are to be construed with reference to each other. Section 84 gives us the choice when two possible constructions are possible. Section 84 reads as follows:- '84.Which of two

Atanu Ranjan Ghosh Vs. Arup Ranjan Ghosh

Court : Kolkata

Subject : Trusts and Societies

Acts : West Bengal Co-operative Societies Act, 1983 - Sections 2, 57, 69(3), 78, 79, 79(1), 80 to 83, 84 and 87; ;Indian Lunacy Act, 1912; ;Transfer of Property Act, 1882 - Section 60(2); ;Registration Act, 1908; ;Indian Succession Act, 1925

Reported in : AIR2009Cal76,(2008)3CALLT445(HC),2008(3)CHN987

of succession to which the deceased belongs or by way of testamentary succession as provided in the Indian Succession Act, 1925. There is no third way of succession. (See : Smt. Sarhati Devi and Anr. v. Smt. Usha Devi … (save in the case of transfer under Sections 80, 81, 83 or 84) for not less than one year; and(b) the transferee or the mortgagee … the by-laws made thereunder, and includes a joint member and, subject to the provisions of Sub-section (3) of Section 69, a nominal member.Section 78. Restriction on transfer of share or interest-(1) The transfer or charge of the

P.C. Cheriyan Vs. Agricultural Income-tax Officer and anr.

Court : Kerala

Subject : Direct Taxation

Acts : Kerala Agricultural Income Tax Act, 1950; Indian Succession Act, 1925; Travancore Christian Succession Act, 1092

Reported in : [1997]226ITR813(Ker)

Supreme Court in Mrs. Mary Roy v. State of Kerala, AIR 1986 SC 1011, it is the Indian Succession Act, 1925, that governs the party in the matter of intestate succession and not the Travancore Christian Succession Act. The … estate in question is held as tenants-in-common.6. Illustratively the order (exhibit P-8) shows the following observations:' As per Section 36 of the Indian Succession Act, the widow of P. C. Cheriayan (Sr.) is entitled to l/3rd share

M.R.Anusuya Vs R.Akshaya

Court : Chennai

was put denying their signatures or non compliance of the mandatory provision of Section 63(c) of the Indian Succession Act, 1925. The learned Senior Counsel pointed out that the witnesses were present during the registration of the Will and … grant of Letters of Administration with Will annexed relating to a Will dated 23.12.2013 registered as Document No. 84 of 2013 on the file of the Sub Registrar, Villivakkam, Chennai, said to have been executed by her

L.S.Jayaprakash vs Dhanalakshmi(Died)

Court : Chennai

further pointed out that there was no compliance of the mandatory provision of Section 63(c) of the Indian Succession Act, 1925.35. There was also an assertion by PW1 during his evidence thatthe testator, Radhakrishnan's eye-sight was failing. There was … 2028 sq. ft. was given to the 3 rd defendant. Under Ex.B7, a share in the property measuring 842 sq. ft. was given to the 2nd defendant. Under Ex.B8, a share in the property measuring 805 sq.

ShirIn Baman Faramarzi of Bombay Zoroastrian Iranian Inhabitant Vs. Zu ...

Court : Mumbai

Subject : Education

at the stage of trial of the petition/suit. 8. Ms. Iyer placed reliance on section 222 of Indian Succession Act, 1925 in support of her submission that the probate can be granted only to the executor appointed by the … Supreme Court in Revajeetu Builders and Developers Vs. Narayanaswamy and Sons and Others MANU/SC/1724/2009 : (2009) 10 SCC 84 and invited my attention to the observations in paragraph no.39 which reads thus: 39. The rule, however, is

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 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