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Dec 30 2003

Palapala Seetharamaswamy Vs. Palapala Sujya Kumar

Court : Andhra Pradesh

Decided on : Dec-30-2003

Subject : Family

Acts : Transfer of property Act, 1982 - Sections 13, 97 and 113; Indian Succession Act, 1925 - Sections 97 and 113

Reported in : 2004(2)ALT308

for the plaintiff - respondents in the appeal, per contra had explained the different provisions of the Indian Succession Act, 1925 ( for short 'the Act') and also had placed reliance on a decision of the Madras High Court … High Court in the decision referred to supra, while dealing with Sections 97 and 113 of the Act vis--vis Hindu Will, was held that after … 1949 Privy Council 244 2 and had submitted that especially in the light of the clear language of Section 113 of the Act, the said bequest is valid and binding. Hence both the Courts had recorded findings

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Feb 10 1999

Susila Ammal Vs. Indiraniammal

Court : Chennai

Decided on : Feb-10-1999

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

was an absolute estate.22 (a). The nearest provision of law applicable to the present case would be Sec. 97 of the Indian Succession Act 1925 which runs as follows:' Sec 97: Effect of words describing a class … 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

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Jul 31 1962

V. Venkataswamy and ors. Vs. V. Radhakrishna Reddi and ors.

Court : Andhra Pradesh

Decided on : Jul-31-1962

Subject : FamilyProperty

Acts : Hindu Law; Succession Act, 1925 - Sections 97

Reported in : AIR1963AP476

and 10 in both the Courts. Family - bequeath of properties - Ilustration 1 to Section 97 of Succession Act, 1925 - will executed in favour of plaintiff's father by brother of his father - whether properties bequeathed were

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Jan 10 1936

Krishnadas Tulsidas Vs. Dwarkadas Kaliandas

Court : Mumbai

Decided on : Jan-10-1936

Subject : Property

Reported in : AIR1936Bom459; (1936)38BOMLR829; 166Ind.Cas.172

as the Court was informed, by the testator himself. It is provided by Section 97 of the Indian Succession Act of 1925 (which corresponds to Section 8' of the Act of 1865) that-.Where property is bequeathed to a

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Oct 04 2002

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

Court : Chennai

Decided on : Oct-04-2002

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 … clauses of gifts in a will are irreconcilable, so that they cannot possibly stand together, the last shall prevail.'Section 97 runs as follows:'Where property is bequeathed to a person, and words are added which describe a class of

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Apr 25 1952

Dowager Rani Lalitha Kumari Devi and ors. Vs. the Raja of Vizianagaram ...

Court : Chennai

Decided on : Apr-25-1952

Subject : FamilyProperty

Acts : 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

Reported in : 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

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Jul 19 1963

Chinnammal and ors. Vs. Sri Kannikaparameshwari Deity by Trustees Venk ...

Court : Chennai

Decided on : Jul-19-1963

Subject : PropertyFamily

Acts : Succession Act, 1925 - Sections 97; Code of Civil Procedure (CPC) , 1908 - Sections 100; Partition Act, 1893 - Sections 4

Reported in : AIR1964Mad80

A-3 in its favour. Both the Courts below have applied the principle of Section 97 of the Indian Succession Act (Act XXXIX of 1925) to the interpretation of this settlement deed, and held, following the principle, that the

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Jul 05 1984

A. Venkataraman Vs. S. Rajalakshmi and ors.

Court : Chennai

Decided on : Jul-05-1984

Subject : FamilyProperty

Acts : Hindu Succession Act, 1956 - Sections 14(1) and 14(2); Succession Act, 1925 - Sections 74 and 97

Reported in : AIR1985Mad248; (1985)1MLJ232

right of female heir - Section 14 of Hindu Succession Act, 1956 and Sections 74 and 97 of Succession Act, 1925 - what interpretation to be given to Section 14 - Section 14 (2) applies to instruments decrees, awards,

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Aug 09 2005

Sunkana Sivaram and anr. Vs. Thota Venkata Seshubai (Died) and ors.

Court : Andhra Pradesh

Decided on : Aug-09-2005

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 … Ors., AIR 1944 Madras 22. while dealing with Sections 97 and 113 of the Succession Act aforesaid observed :'Section 97 does not apply directly to Wills by Hindus; but temporary injunction lays down a general principle of interpretation

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Jan 05 1996

Madan Lal Butail Vs. Pyare Lal Gupta and ors.

Court : Himachal Pradesh

Decided on : Jan-05-1996

Subject : Property

Acts : Succession Act, 1925 - Section 215; ;Code of Civil Procedure (CPC) , 1908 - Section 11 - Order 21, Rule 97

Reported in : AIR1997HP74

the execution petition filed by the petitioner decree-holder. The objection was filed under Section 214 of the Indian Succession Act, 1925 read with Sections 48.50.5l and Order 21. Rules 10 and 97 to 101 of the Civil Procedure Code.2.

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