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Susila Ammal Vs. Indiraniammal

Court : Chennai

Subject : Family

Acts : Succession Act, 1925 -- Sections 87, 88, 97, 113, 114 and 118; Hindu Succession Act, 1956 -- Sections 15

Reported in : 2000(4)CTC78

Indian Succession Act. 1925. Let us examine how far those sections are relevant for the purpose of the presentdiscussion.Section- 87 runs as follows;'Sec- 87: Testator's intention to be effectuated as far as possible;-,The intention of the testator shall … will were incongrous and offended the rule against perpetuity as set out in Section- 114 of the Indian Succession Act, 1925.6. Per contra, Mrs.Prabha Sridevan submitted that the concept of rule against perpetuity could not be brought in or

M.K. Srinivasan and Kannan Vs. Rangarajan

Court : Chennai

Subject : Family

Acts : Indian Succession Act, 1865; Indian Succession Act, 1925 - Sections 2, 264, 265, 266, 270, 273, 278, 286, 295, 299, 384(1), 388, 388(1) and 388(2); Probate and Administration Act, 1881 - Sections 87; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 23; Punjab Civil Courts Act, 1918 - Sections 30; Central Provinces Courts Act, 1917 - Sections 19; Bombay Civil courts Act, 1869 - Sections 28A; Madras Civil Courts Act, 1873 - Sections 29(1); Madras City Civil Courts Act, 1892; Tamil Nadu Civil Courts Act, 1873 - Sections 12, 13, 29, 29(1), 29(2) and 29(3); Tamil Nadu Civil Courts (Amendment) Act, 1995 - Sections 4(2); Tamil Nadu Civil Courts (Amendment) Act, 2004; Bombay Civil Courts [Extension and Amendment] Act, 1958 - Sections 8; Succession Certificate Act - Sections 26; Chenna

Reported in : (2008)1MLJ435

R. Rama Subbarayalu Reddiar v. Rengammal, wherein at pages 321 to 323, it is observed as follows:.The Indian Succession Act, 1925, is a consolidating stature which repealed and re-enacted several statutes which dealt with succession to and protection of … of Mahendra Narain Roy, the deceased, 5 CWN page 377, it is held that the 'High Court' in Section 87 of the Probate and Administration At [5 of 1881] was not merely confined to the Appellate jurisdiction of

Commissioner, Jalandhar Division and ors. Vs. Mohan Krishan Abrol and ...

Court : Supreme Court of India

Subject : CivilProperty

Acts : Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 - Sections 2, 3, 4, 5, 9, 10 and 15; ;Indian Succession Act, 1925 - Sections 57, 87, 211, 213 and 336; ;Indian Succession (Amendment) Act, 1962

Reported in : AIR2004SC2060; (SCSuppl)2004(4)CHN77; 2004(4)CTC35; JT2004(4)SC139; (2005)139PLR224; 2004(4)SCALE163; (2004)7SCC505

was only a beneficiary under Clause 2 of the will and since under Section 211 of the Indian Succession Act, 1925 (hereinafter referred to as 'the 1925 Act),'the property had vested in the executors, the eviction proceedings under the … that the property was to be used as a ward of the hospital and for no other purpose. Section 87 of the 1925 Act stipulates that intention of the testator shall be effectuated as far as possible. In

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 … the duty of the Court of construction to give effect as much to the will as possible under section 87 of the Act. This duty would be done by adopting the second construction but not by adopting the

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 … some effect, and according to the other of which it can have none, the former shall be preferred.'Section 87 provides that,'the testator's intention shallnot be set aside because it cannot take effect to the full extent, but

Ganesh Chunder Dhur Vs. Lal Behary Dhur

Court : Mumbai

Subject : FamilyProperty

Reported in : (1936)38BOMLR1250

Mukherji v. Bhupendrmath Mukherji I.L.R. (1932) Cal. 452.12. On the question of construction, Section 87 of the Indian Succession Act, 1925, provides, ' The intention of the testator shall not be set aside because it cannot take effect to

B. Shivaramiah Vs. Rangamma and ors.

Court : Karnataka

Subject : Property

Acts : Succession Act, 1925 - Sections 87; Specific Relief Act, 1877 - Sections 39; Code of Civil Procedure (CPC), 1908 - Sections 11; Hindu Law

Reported in : AIR1952Kant32; AIR1952Mys32; (1952)30MysLJ196

intention of testator to find out whether legatees take property as joint tenants, under section 87 of the Succession Act, 1925, when bequest was made in favour of both husband and wife (b) The case debated on the necessity

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 … shall be rejected as destitute of meaning if it is possible to put a reasonable construction upon it. Section 87 clearly lays down that Testator's intention shall not be set aside because it cannot take effect to the

Smt. Rajrani Sehgal Vs. Dr. Parshottam Lal and Others

Court : Delhi

Subject : Family

Acts : Succession Act, 1925 - Sections 87, 82, 114, 138, 276 and 278; Evidence Act, 1872 - Sections 62, 63 and 68; Hindu Law

Reported in : AIR1992Delhi134

same is accordingly dismissed with costs. Counsel's fee Rs. 1000/-.55. Appeal dismissed. Family - probate - Sections 82, 87, 114, 138, 276 and 278 of Succession Act, 1925, Sections 62, 63 and 68 of Indian Evidence Act, … thereafter a petition for grant of probate/letter of administration under the provisions of Section 276/278 of the Indian Succession Act, 1925 (for short 'the Act) was filed by respondent No. I on the basis of a Will, dated 9th

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 … they shall be taken to have been used everywhere in the same sense, unless a contrary intention appears.Section 87 provides the Testator's intention to be effectuated as far as possible. In a case where the inconsistent clauses