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Aug 14 1975

Mary Assumption Trinidade Etc. Vs. Vincent Manuel Trinidade and ors.

Court : Delhi

Decided on : Aug-14-1975

Subject : FamilyProperty

Acts : Delhi High Court Act, 1966 - Sections 5(2); Succession Act, 1925 - Sections 2 and 273; Code of Civil Procedure (CPC), 1908 - Order 2, Rule 2; General Clauses Act, 1897 - Sections 3(28)

Reported in : ILR1976Delhi95

Judge with respect to the immovable properties the value of which exceeds fifty thousand rupees, is affected by--Indian Succession Act (1925), Sections 2 (bb), 266.; That the mere fact that Section 266 of the Indian Succession Act equates the power of

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Dec 12 1994

ishwarsingh S/O Chunnusingh and ors. Vs. Krishnabai W/O Chunnusingh an ...

Court : Mumbai

Decided on : Dec-12-1994

Subject : LimitationCivil

Acts : Indian Succession Act, 1925 - Sections 196, 197 and 205; Limitation Act, 1963 - Sections 5 and 29(2); Code of Civil Procedure (CPC) , 1908 - Sections 115

Reported in : 1995(3)BomCR156; (1995)97BOMLR200

section 5 of the Limitation Act is applicable to a proceeding instituted under Chapter VII of the Indian Succession Act, 1925.2. Ishwarsingh Chunnusingh and five others submitted an application purporting to be under sections 192 and 195 of the

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Aug 18 2006

Prabir Kumar Das Vs. Smt. Jayanti Das and anr.

Court : Kolkata

Decided on : Aug-18-2006

Subject : CivilFamily

Acts : City Civil Court Act, 1953 - Sections 2(3), 5, 5(1) and 5(3); ;Indian Succession Act, 1925 - Sections 2, 270, 300 and 300(1); ;Guardians and Wards Act, 1890; ;Indian Lunacy Act, 1912; ;City Civil Court (Amendment) Act, 1980

Reported in : (2007)1CALLT227(HC)

of 1890)(ii) X X X X X X(iii) the Indian Lunacy Act, 1912 (39 of 1925)(iv) the Indian Succession Act, 1925 (39 of 1925)7. Sub-section (1) of Section 300 of the said Act of 1925 empowers the High Court … Board, India and Anr.)6. To appreciate the controversy let me first deal with the appropriate provisions of law. Sections 270, 300(1) of the Indian Succession Act and Section 5(3) of the City Civil Court Act are quoted … dismissal of the application for letters of administration being P.L.A.N0. 355 of 2001 on the ground that this Court lacked territorial Jurisdiction to entertain the

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Oct 12 1992

In Re: Anthony Fernandes and ors.

Court : Mumbai

Decided on : Oct-12-1992

Subject : Civil

Acts : Succession Act, 1925 - Sections 2 and 390; Code of Civil Procedure (CPC) , 1908 - Sections 2(4)

Reported in : 1993(1)BomCR580

certified copy is expedited. Civil - jurisdiction of Court - Section 2(4) of Code of Civil Procedure, 1908, Sections 2 and 390 of Succession Act, 1925 and Bombay Regulation VIII of 1827 - petitioner seek heirship certificate from … Shri Bapat saw me in Chamber and invited my attention to the standard commentary of Paruck's. The Indian Succession Act, 1925 (7th Edition) at page 613 reading inter alia as under :'Bombay Regulation No. VIII of 1827 is not

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Apr 16 2008

Sri J.T. Surappa and anr. Vs. Sri Satchidhanandendra Saraswathi Swamij ...

Court : Karnataka

Decided on : Apr-16-2008

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 2, 63 and 295; Evidence Act - Sections 68; Indian Registration Act, 1908; Transfer of Property Act - Sections 3; Code of Civil Procedure (CPC) , 1908

Reported in : ILR2008KAR2115; 2008(3)KLT150; 2008(3)KCCR1484; 2008(4)AIRKarR480; AIR2008NOC2433; 2008AIHC3029(Kar)

objections contesting the Will, though they were also the beneficiaries under the Will. Section 295 of the Indian Succession Act, 1925 provides that, when there is contention, the proceeding shall take, as nearly as may be, the form of … defendant filed their statement of objections contesting the Will, though they were also the beneficiaries under the Will. Section 295 of the Indian Succession Act, 1925 provides that, when there is contention, the proceeding shall take, as … are brothers. Second plaintiff is the son of the first plaintiff. Defendants 2 and 3 are the daughters of the 6th defendant. 1st and 4th

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Mar 13 2001

N. Ramaiah Vs. Nagaraj S. and Another

Court : Karnataka

Decided on : Mar-13-2001

Subject : FamilyProperty

Acts : Transfer of Property Act, 1882 - Sections 5; Indian Sucession Act, 1925 - Sections 2, 59 and 63; Hindu Succession Act, 1956 - Sections 30; Code of Civil Procedure (CPC), 1908 - Order 39, Rule 1 - Order 1, Rule 3

Reported in : AIR2001Kant395; ILR2001KAR3466; 2001(4)KarLJ12

her Will, as also the bequest of the property thereunder, are invalid. (ii) Section 59 of the Indian Succession Act, 1925 enumerates the persons capable of making Wills. Explanation 1 thereto makes it clear that a married woman (who … on the file of this Court, the appellant has filed this appeal. 2. The appellant (N. Ramaiah) is the brother of one Anjanamma. The said … would therefore mean that the Court had barred her from transferring or alienating the property in any manner. Section 5 of the Transfer of Property Act, 1882 defines 'transfer of property' as an act by which a

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Apr 03 2008

Kunvarjeet Singh Khandpur Vs. Kirandeep Kaur and ors.

Court : Supreme Court of India

Decided on : Apr-03-2008

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 2, 232, 264 and 278; Limitation Act, 1963 - Sections 4 and 5 - Scheudle - Articles 113, 120 and 137; Limitation Act, 1908 - Scheudle - Article 181; Code of Civil Procedure (CPC) , 1908; Telegraph Act

Reported in : AIR2008SC2058; 2008(2)AWC2024(SC); (SCSuppl)2008(2)CHN197; 2008(2)CTC850; 2008(2)KLT296(SC); (2008)4MLJ239(SC); 2008(6)SCALE112; (2008)8SCC463; 2008AIRSCW2726; 2008(8)SCC463; 2008(3)ICC263; MANU/SC/7451/2008

the testator- Mohinder Singh Khandpur has expired on 5.10.1995 and the petition under Section 278 of the Indian Succession Act, 1925 (in short the 'Act') for grant of Letters of Administration was filed on 7.8.2002, and therefore, the same … Arijit Pasayat, J. 1. Leave granted. 2. Challenge in this appeal is to the judgment of a learned Single … application under any Act. But it has to be an application to a court for the reason that Sections 4 and 5 of the 1963 Limitation Act speak of expiry of prescribed period when court is closed

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May 15 2007

Ms. Sumitra Devi and ors. Vs. State and ors.

Court : Delhi

Decided on : May-15-2007

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 2 and 63; Indian Succession Act, 1865 - Sections 50; Evidence Act, 1872 - Sections 68

Reported in : 2007(98)DRJ617

it would be pertinent to note the relevant statutory provisions in this regard.3. Section 2(h) of the Indian Succession Act, 1925 (the Act) gives the definition of a 'Will'. It reads as under:2(h) 'Will' means the legal declaration of … Court.2. At the very outset, it would be pertinent to note the relevant statutory provisions in this regard.3. Section 2(h) of the Indian Succession Act, 1925 (the Act) gives the definition of a 'Will'. It reads as

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Sep 21 1992

Pradeep Kantilal Shroff Vs. Khorshed Kersap Aga and anr.

Court : Mumbai

Decided on : Sep-21-1992

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 2

Reported in : 1993(1)BomCR292; (1993)95BOMLR964

the petition is liable to be considered as 'Will' within the meaning of section 2(h) of the Indian Succession Act, 1925. If the Court comes to the conclusion that the impugned document on it's construction does not amount to … the document Exhibit 'A' to the petition is liable to be considered as 'Will' within the meaning of section 2(h) of the Indian Succession Act, 1925. If the Court comes to the conclusion that the impugned document

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Nov 25 2003

Bhagat Ram and anr. Vs. Suresh and ors.

Court : Supreme Court of India

Decided on : Nov-25-2003

Subject : PropertyFamily

Acts : Evidence Act, 1872 - Sections 68; Indian Succession Act, 1925 - Sections 2, 63 and 70; Indian Registration Act, 1908 - Sections 58 and 59

Reported in : AIR2004SC436; 2004(2)AWC1179(SC); (SCSuppl)2003(2)CHN144; 98(2004)CLT114(SC); [2004(2)JCR150(SC)]; 2003(10)SCALE13; (2003)12SCC35

Act?Question-1:11. 'Will' and 'codicil' are defined respectively in Clauses (h) and (b) of Section 2 of the Indian Succession Act, 1925 as under:-'(h) 'will' means the legal declaration of the intention of a testator with respect to his property … is dismissed. Property - Family - Evidence Act, 1872 - Section 68 - Indian Succession Act, 1925 - Sections 2, 63 and 70 - Indian Registration Act, 1908 - Sections 58 and 59 - Codicil, is an instrument

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