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Mahadeo Ramchandra Vs. Damodar Vishwanath and anr.

Court : Mumbai

Subject : Family

Acts : Trusts Act, 1882 - Sections 3; Succession Act, 1925 - Sections 89

Reported in : AIR1957Bom218; (1957)59BOMLR478; ILR1958Bom21

we take, the appeal must fail and be dismissed with costs.14. Appeal dismissed Indian Succession Act (XXXIX of 1925), Section 89 - Direction by testator to dispose of his residuary estate, according to discretion of executor and as he

P. Mani Alias P. Balasubramaniam Vs. P. Viswanathan (Deceased) and ors ...

Court : Chennai

Subject : Family

Acts : Evidence Act, 1872 - Sections 5, 45, 47, 63, 67, 68, 73, 114 and 118; Indian Succession Act, 1925 - Sections 59, 63, 89 and 289; Hindu Succession Act - Sections 30; Code of Civil Procedure (CPC) - Sections 100; Hindu Law

Reported in : 2008(2)CTC831; (2008)4MLJ1199

handwriting of the testatrix are quite relevant, as per Section 45 and 47 of the Evidence Act. Equally, Section 89 and Section 63 of the Indian Succession Act are quite relevant.43. A reading of the Ex.P.1-Will of the … v. Subodh Kumar Banerjee (since deceased and after him his LRs) and Ors., wherein it is held as follows:Succession Act (1925), Sections 63 and 289 - Will - Mode of proof - Onus - Principles indicated - When court … [1962]3SCR195 Rani Purnima Debi and Anr. v. Kumar Khagendra Narayan Deb and Anr., it is observed as follows:Succession Act (1925), Section 63 Will - Execution - Genuineness - Testator not making proper provision for his wife and sister depending

Mrs. Zita Farias Vs. Patrick E.P. Mascarenhas and Others

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 87 and 89

Reported in : 2000(4)KarLJ23

was recorded on 3-11-1989 wherein she has described her occupation as Project Officer.7. Section 89 of the Indian Succession Act, 1925 provides that a Will or bequest not expressive of a definite intention is void for uncertainty. But as

V. Kalyanaswamy (D) by Lrs. Vs. L. Bakthavatsalam (D) Thr. Lrs. .

Court : Supreme Court of India

Subject : Land Acquisition

life estate holder. In this context, no doubt, we must clarify one aspect. Section 119 of the Indian Succession Act, 1925 (hereinafter referred to as the “Indian Succession Act’, for short) deals with the date of vesting of legacy … the transfer. A vested interest is not defeated by the death of the transferee before he obtains possession. 89 CIVIL APPEAL NOS.1021-1026 OF2013 ETC. Explanation.-An intention that an interest shall not be vested is not to be

Mukesh Ramanlal Gokal and Another Vs. Ashok Jagjivan Gokal and Others

Court : Mumbai

Subject : Land Acquisition

respondent Nos.1 and 2. Learned counsel placed reliance on Sections 192, 193, 301, 317 and 318 of Indian Succession Act 1925 in support of his submission that respondent Nos.1 and 2 who have acted contrary to the interest of … already having been filed by the petitioners against the first respondent. Mr Andhyarujina, learned counsel submits that under Section 317 of the Indian Succession Act, it is duty of the Executor to submit Inventory within six months … end. In Taran Singh Hazari v. Ram Ratan Tewari, ILR 31 Cal 89, one Gouri Devi was appointed executrix of a will of Siblal Tewari

E.V. Balakrishnan Vs. Mahalakshmi Ammal and anr.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 89

Reported in : AIR1961SC1128; [1961]3SCR974

there is no force in this appeal and it is hereby dismissed with costs. 15. Appeal dismissed. Indian Succession Act, 1925, s.89 Will-Devising land out of bigger area-and Legatee's right to select-English Rule of benevolent construction Gift if void … that it is not possible to give any definite intention to it at all. The illustration to that section shows that it applies only where it is impossible to ascertain the intention of the testator from the

Damodhar Bordoloi Vs. Mrinalini Devi Trust Board and ors.

Court : Guwahati

Subject : PropertyCivil

Acts : Succession Act, 1925 - Sections 57, 59, 63 and 118

that the will in question was not only executed and attested in the manner required under the Indian Succession Act, 1925 but it should also be found that the said will was the product of the free volition of … for charitable and religious purposes is not governed by this section. Such a bequest may be void under Section 89 of the Indian Succession Act, but can not be void under this Section. This contention of Shri Barua

Parmeshwar Prasad (Since Deceased) Lord Northbrook and Others Vs. Stat ...

Court : Delhi

Subject : Education

This judgment shall dispose of the Probate Petition filed by the petitioners under Section 276 of the Indian Succession Act, 1925 for grant of probate on the basis of the Will dated 30.10.1985 read with Codicil dated 7.11.1985. This … petitioners lacks in description of extent properties alleged to be bequeathed by the defendants. It is contended that Section 89 of the Act makes such Will void for uncertainty. It is also contended that strangers have been included

indramoni Mohapatra Vs. Nilamoni Moharana

Court : Orissa

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Order 23, Rule 3; Contract Act, 1872 - Sections 23; Specific Relief Act, 1877 - Sections 21

Reported in : AIR1950Ori169

of the High Court and Court of Appeal now being governed by the Supreme Court of Judicature Consolidation Act, 1925. From the commencement of the Act in 1935 the Acts dealing with the law of arbitration are to … which the suit is pending.' 7. They are enacted to replace a somewhat cor responding provision contained in Section 89, Civil P. C. and remove certain doubts that the construction of the latter section gave rise to. The … unsatisfactory state. Greatest good faith between the parties was requisite to its success. The agreement to refer was revokable and there was no known procedure

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. … 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 deficiency.-Where there