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R. Venkatachalam Vs. G.M. Mascarenhas

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 283, 283(1) and 284

Reported in : ILR1991KAR197; 1990(3)KarLJ479

of, are deemed to have been dismissed. INDIAN SUCCESSION ACT, 1925 (Central Act No. 39 of 1925) - Sections 283 & 284 - Real Test: whether caveator has interest in estate - Interest must be direct and such … J., as he then was held that a caveat cannot be sustained under Section 284 of the Indian Succession Act, 1925 on the ground that the property was joint family estate. No doubt, at the time the decision was

Thomas P. Jacob Vs. M.G. Varghese and ors.

Court : Kerala

Subject : Property

Acts : Succession Act, 1925 - Sections 283(1); Code of Civil Procedure (CPC) , 1908 - Sections 146A

Reported in : AIR1987Ker193

the estate of the deceased, and was, therefore, not entitled to notice under Section 283(1)(c) of the Indian Succession Act, 1925. The caveat was accordingly discharged.2. The appellant described himself as an adopted son of the testator, but set … person having an interest in the estate of the deceased, and was, therefore, not entitled to notice under Section 283(1)(c) of the Indian Succession Act, 1925. The caveat was accordingly discharged.2. The appellant described himself as an

Mrs. Revathamma Vs. Hamsa and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Succession Act, 1925 - Sections 256, 257 and 283(1); Hyderabad High Court Rules - Rule 46

Reported in : AIR1961AP13

appears lor the respondents, thete will be no order as to costs. Civil - party to caveat - Sections 283 (1) (c), 256 and 257 of Succession Act, 1925 - respondent who has not chosen to be caveator … respondent who has been added as a party to raise a dispute. All the provisions of the Indian Succession Act 1925 are there for the purpose of enabling a person who wants to be present at the proceedings relating

Babasaheb Yeshwant Anandrao Patil Vs. Smt. Manjulabai Balwant Gaikwad

Court : Mumbai

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 213 and 283; Constitution of India - Article 227

Reported in : 2001(2)ALLMR574; 2001(3)BomCR245; (2001)2BOMLR417; 2001(2)MhLj945

that the order under challenge totally overlooks the mandate of provisions contained in section 283 of the Indian Succession Act, 1925. He submits that the said provision postulates that only the person interested in the estate of the deceased … Judge, S.D., Kolhapur, being M.C.A. No. 217 of 1986, Instituted by the present petitioner, claiming for probate under section 276 of the Indian Succession Act, being the legatee under the Will dated 23.10.1985 executed by Nanibai the

Sunil Gupta Vs. Kiran Girhotra and ors.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Indian Succession Act, 1925 - Sections 211, 263, 283, 307 and 307(1); Constitution of India - Article 227

Reported in : AIR2008SC140; 2008(1)ALD1(SC); 2008(1)AWC985(SC); (SCSuppl)2008(1)CHN7; 2008(1)CTC343; JT2007(12)SC605; (2007)6MLJ1757(SC); 2007(12)SCALE59; (2007)8SCC506; 2007AIRSCW6314

a serious error insofar as it failed to take into consideration that in a proceeding under the Indian Succession Act, 1925, (for short, 'the Act') the court should always make an endeavour to avoid multiplicity of proceedings. It was … made without citing parties who ought to have been cited. 10. Section 283 of the Act provides for the powers of the District Judge to … the Will. Chapter III of the Act provides for revocation or annulment for just cause. Illustration appended to Section 263 of the Act reads as under:Illustration(i) The Court by which the grant was made had no jurisdiction.(ii)

Multivahuji Vs. Kalindivahuji and ors.

Court : Gujarat

Subject : FamilyProperty

Acts : Indian Succession Act, 1925 - Sections 222, 213, 227, 268, 273, 276, 280, 281, 283, 284, 288, 294, 295, 298 and 307; Code of Civil Procedure (CPC), 1908 - Sections 9, 10, 115 and 151 - Order 19, Rule 2; Evidence Act - Sections 4, 40, 41, 42, 43 and 44

Reported in : AIR1994Guj42

213, 222, 227, 268, 273, 276, 280, 281, 283, 284, 288, 294, 295, 298 and 307 of Indian Succession Act, 1925, Sections 4 and 40 to 44 of Evidence Act, 1872 and Sections 9, 10, 115 and 151 and Order

Subal Paul Vs. Malina Paul and anr.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Indian Succession Act, 1925 - Sections 268, 276, 278, 283(1), 284, 295, 296 and 299; Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 35A, 91, 92, 95, 96, 100, 100A, 104, 104(2), 117 and 588 - Order 39, Rules 1 and 2 - Order 43, Rule 1 - Order 41, Rule 1 - Order 49, Rule 3; Hindu Marriages Act - Sections 28; Government of India Act - Sections 108; Trade Marks Act - Sections 76; Bombay Municipal Corporation Act, 1888 - Sections 217(1) and 218D; Land Acquisition Act, 1894 - Sections 54

Reported in : AIR2003SC1928; 2003(2)ALLMR(SC)703; 2003(1)CTC627; JT2003(5)SC193; 2003(2)SCALE373; (2003)10SCC361; [2003]1SCR1092

the judgment of a learned Single Judge of the High Court filed under Section 299 of the Indian Succession Act. 1925 (hereinafter referred to as 'the Act'). 2. When this matter came up before a Bench of two Judges, … patent appeal would lie against the judgment of a learned Single Judge of the High Court filed under Section 299 of the Indian Succession Act. 1925 (hereinafter referred to as 'the Act'). 2. When this matter came … of letters of administration is to be filed. Sub-section (1)(c) of Section 283 empowers the District Judge to issue citations calling upon all persons claiming

In the Goods of Mrs. Lydia and ors. and Mrs. Elizabeth Egbert Vs. A.J. ...

Court : Allahabad

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 227, 283 and 284

Reported in : AIR1952All543

answeredin the negative, and I answer it accordingly. (i) Family - probate - Sections 283 and 284 of Succession Act, 1925 - caveator lays claim on a particular property and simultaneously states the property do not form part of

Sarala Sundari Dassya Vs. Dinabandhu Roy

Court : Mumbai

Subject : Family

Reported in : (1945)47BOMLR571

in a position to apply for revocation of the probate. That depends on certain clauses in the Indian Succession Act, 1925. By Section 263. 'The grant of probate...may be revoked...for just cause.' By the Explanation, 'just cause shall be … advise! His Majesty accordingly. The appellant must pay the costs of the appeal. Indian Succession Act (XXXIX of 1925), Sections 263 and 2S3 - Revocation of probate-Whether creditor of heir of testator can apply to revoke probate-Whether only … to move to revoke the probate.8. Attention has been called to Section 283, which provides : ' In all cases the District judge...may'-then(c) issue citations

G. Subbaraju Vs. Archana Rajesh Shivhare and Others

Court : Mumbai

Subject : Education

expression claiming to have any interest in the estate of the deceased in Section 283(1)(c) of the Indian Succession Act, 1925. The Court held even an interest dependent upon remote contingencies is sufficient to entitle a person to oppose … to have left behind as her only heir and legal representative her married daughter and her husband under Section 15 of the Hindu Succession Act. These relatives would be her only heirs. Her husband has consented to