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Raghbir Singh and ors. Vs. Budh Singh Etc.

Court : Delhi

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 82, 83, 85 and 87

Reported in : 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 … construction but not by adopting the first one. Adoption of the first construction would also be contrary to section 85 of the Act because it would result in the second part of the will being totally rejected. On

Bandopant Sitaram Bapat by His Heirs Arun Bandopant Bapat and ors. Vs. ...

Court : Mumbai

Subject : Family

Acts : Indian Succession Act - Sections 82, 83, 84, 85, 88 and 95

Reported in : 2002(1)BomCR96; (2002)1BOMLR256; (2002)ILLJ436Bom

limited interest in the immovable properties to Bhagirathibai. Referring to Sections 82, 83, 85 and 88 of Indian Succession Act, 1925, the learned counsel for appellants submitted that the meaning of the Will needs to be collected from the … be rejected as destitute of meaning which does not appeal to us in view of provisions contained in Section 85 of the Indian Succession Act. Each part of the Will has to be given its due meaning and

Jagdish Prasad and ors. Vs. Mauleshwar and ors.

Court : Allahabad

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 85 and 124; Hindu Succession Act, 1956 - Sections 14(1); Transfer of Property Act, 1882 - Sections 21

Reported in : AIR1982All162

circumstances, the parties shall bear their own costs throughout. Family - will - Sections 85 and 124 of Succession Act, 1925, Section 14 (1) of Hindu Succession Act, 1956 and Section 21 of Transfer of Property Act, 1882 - agricultural

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 … collected from the entire instrument, and all its parts are to be construed with reference to each other.Section 85 provides that no part of a Will shall be rejected as destitute of meaning if it is possible

In Re: Gordon Frederic Muirhead and anr.

Court : Karnataka

Subject : Civil

Acts : Succession Act, 1925 - Sections 300; Mysore Regulation, 1914 - Sections 85; Constitution of India - Article 225; Indian Succession Act, 1865 - Sections 57, 264 and 300(1)

Reported in : AIR1959Kant83; AIR1959Mys83; (1958)36MysLJ208

stood prior to the date when the Succession Act (Act XXXIX of 1925) came into force in the State of Mysore, I would also arrive … be considered, can only be in the affirmative.If we take into consideration the existing provisions of the Indian Succession Act, which came into force in the State of Mysore on the 1st of April. 1951, we find that … shall have jurisdiction in grant-ing and revoking probates and letters of administration in all cases within his District Section 85 of the said Regulation reads as follows:--'The High Court shall have concurrent jurisdiction with the District Judge in

R.K. Sharma Vs. State and ors.

Court : Delhi

Subject : CivilFamily

Acts : Indian Succession Act, 1925 - Sections 74, 82, 85 and 276

Reported in : AIR2009Delhi81

Hima Kohli, J.1. The petitioner has filed the present petition under Section 276 of the Indian Succession Act, 1925 seeking Letter of Administration in respect of a registered Will dated 22.2.1990 executed by his mother, late Smt. … collected from the entire instrument, and all its parts are to be construed with reference to each other. Section 85 of the aforesaid Act mandates that no part of a Will shall be rejected as destitute of meaning

Usha Shrikant Rege Vs. Gauri Gajanan Rege

Court : Mumbai

Subject : Land Acquisition

the will must be executed in the presence of the attesting witnesses under Section 63(c) of the Indian Succession Act, 1925. Hence to prove the due execution of the will any of the attesting witnesses or any other witness … presumption that it was executed and authenticated by Shrikant before the Notary Public as required by law under Section 85 of the Indian Evidence Act, 1872. A copy of the power of attorney of the deceased is produced

Shirish Popatlal Shah Vs. Arun Popatlal Shah

Court : Mumbai

Subject : Land Acquisition

A Will is proved if it meets the requirements of Sections 59, 61 and 63 of the Indian Succession Act, 1925. Section 59 says that a Will can be validly made by any adult of sound mind. The testamentary or … v Dr. Saraswati Arora, (1974) 2 SCC 600; Madhukar D. Shende v Tarabai Aba Shedage, (2002) 2 SCC 85).In Leela Rajagopal and Ors. v Kamala Menon Cocharan and Ors., (AIR 2015 SC 107)the Supreme Court said that

Meenakshiammal (Dead) Through Lrs. and ors. Vs. Chandrasekaran and anr ...

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 63; Evidence Act, 1872 - Sections 68

Reported in : AIR2005SC52; 2004(3)BLJR2289; JT2004(9)SC371; 2004(9)SCALE256; (2005)1SCC280

will (Ex.B/8), which was duly executed and attested in accordance with the provisions of section 63 of the Succession Act, 1925. 9. On the above pleadings, five issues were framed by the trial Court. We are mainly concerned with … favour. Accordingly, they went and fetched the attesting witnesses and the scribe. DW1 further deposed that Siva was 85 to 90 years old when he died on 6.11.1978 and that he died after 15 days from the

Mrs. Winifred Nora theophilus Vs. Mr. Lila Deane and Others

Court : Delhi

Subject : Family Property

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1, 2 and 4; Indian Succession Act, 1925 - Sections 2, 47, 57, 213 and 213(1) and (2); Indian Siuccession (Amendment) Act, 1962

Reported in : AIR2002Delhi6; 2001(62)DRJ422

is mentioned in the plaint that parties are Indian Christians as defined in Section 2(d) of the Indian Succession Act, 1925. The pedigree table of the family of the parties is shown in para-1 of the plaint.2. The dispute … in the case of Dwarka Nath Singh and others v. Mt. Raj Rani and others AIR 1932 Oudh 85.8. On the other hand learned counsel for the defendants submitted that in Delhi no probate was required in