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May 13 2005

Pradip Saikia and ors. Vs. Suwala Saikia and ors.

Court : Guwahati

Decided on : May-13-2005

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 376

the appellants moved the learned District judge, Sibasagar by filing an application under Section 376 of the Indian Succession Act, 1925 (for short 'the Act') through Misc. (P) Case No. 40/90 for grant of probate of the Will dated … the death of late Saikia, the appellants moved the learned District judge, Sibasagar by filing an application under Section 376 of the Indian Succession Act, 1925 (for short 'the Act') through Misc. (P) Case No. 40/90 for

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Sep 27 1993

Ram Dass Vs. Gulshan Kumar and ors.

Court : Punjab and Haryana

Decided on : Sep-27-1993

Subject : Family

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 114; Indian Succession Act, 1925 - Sections 264, 276, 302, 370, 376 and 390

Reported in : II(1993)DMC620; (1994)106PLR349

brothers sons of Raj Kumari filed a petition for grant of probate under Section 276 of the Indian Succession Act, 1925 (for short 'the Act'). Alongwith the petition, a schedule of properties, 23 in number, was filed. Other heirs … Section 370 and ending with Section 390 and this Part relates to grant of succession certificates. Provisions of Sections 370 to 390 only relate to grant of succession certificates and no provision of these sections relates to … Consequently, Satish Kumar brother of Gulshan Kumar moved an application under Section 376 of the Act for inclusion of these properties in the schedule of

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Aug 16 1960

Shankarlal Jivanram Agrawal Vs. State of Bombay

Court : Mumbai

Decided on : Aug-16-1960

Subject : Civil

Acts : Court-fees Act, 1870 - Schedule - Articles 11 and 12; Succession Act - Sections 374, 376 and 376(1)

Reported in : AIR1961Bom104; (1960)62BOMLR1024; ILR1961Bom92

certificate had been granted.;When an extension of a sviccession certificate is granted under Section 376 of the Indian Succession Act, 1925, the Court-fee on the extended certificate must be calculated after taking into consideration all the debts specified in … Rule discharged. Court-fees Act (VII of 1870), Schedule I, Articles 11, 12 - Indian Succession Act (XXXIX of 1925), Sections 374, 376--Court-fees payable on succession certificate extended under Section 376 of Indian Succession Act--Whether Court-fees to be calculated

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Apr 02 2004

K. Girija Kumari Vs. Konuru Swarajya Lakshmi and anr.

Court : Andhra Pradesh

Decided on : Apr-02-2004

Subject : FamilyCivil

Acts : Succession Act, 1925 - Sections 372(1)

Reported in : AIR2004AP248; 2004(3)ALD249; 2004(4)ALT611

evident that this explanation applies only to an application filed under Section 376 of the Indian Succession Act, 1925 and not to an application filed … did amount, other sharers being the Respondents 1 and 2. She filed O.P. under Section-372 of the Indian Succession Act, 1925 for grant of a Succession Certificate so as to enable her to receive the said amount. She paid … 1/3rd share of the did amount, other sharers being the Respondents 1 and 2. She filed O.P. under Section-372 of the Indian Succession Act, 1925 for grant of a Succession Certificate so as to enable her to

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Apr 06 2006

Vishalakshi Vs. Bank of India

Court : Kerala

Decided on : Apr-06-2006

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 30, 192 to 207, 208, 212, 213 and 370 to 390; General Clauses Act

Reported in : AIR2006Ker255; 2006(2)KLT488

V. Ramkumar, J.1. In this appeal filed under Section 384 of the Indian Succession Act, 1925 the petitioner who is the sole legal heir and successor of deceased P.K. Hymavathy, challenges the order dated … to a deceased creditor or in respect of portions there of. Section 376 of the Act makes provision for the grant of extension of succession … 14-10-7005 passed by the Subordinate Judge, Ernakulam in Succession O.P. 20/05. The said original petition was filed under Sections 371 and 372 of the Indian Succession Act praying for a succession certificate in respect of certain bank

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Mar 13 1946

In Re: Sunderji Laljee Khakhar

Court : Mumbai

Decided on : Mar-13-1946

Subject : Civil

Reported in : AIR1947Bom30; (1946)48BOMLR498

the taking out of the succession certificates. They are to be found in Part X of the Indian Succession Act, 1925. It is necessary to say this by way of introduction that under the Indian Succession Act it is … Articles 11 and 12 of the Court-fees Act as extended it is necessary to go to the charging sections which provide for the taking out of the succession certificates. They are to be found in Part X … lays down what the contents of the certificate are to be. Section 376 provides for the extension of a certificate, i.e. so as to include

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Feb 26 1981

In Re: Smt. Vimla Chouhan

Court : Rajasthan

Decided on : Feb-26-1981

Subject : Civil

Acts : Succession Act, 1925 - Sections 376

Reported in : AIR1981Raj169

the view taken by the learned Judge does not appear to be correct. Section 376 of the Indian Succession Act contemplates that the certificate can be extended in respect of any debt or security not originally specified therein … be effected. In my opinion, the view taken by the learned Judge does not appear to be correct. Section 376 of the Indian Succession Act contemplates that the certificate can be extended in respect of any debt

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Jun 14 1971

The State of Gujarat Vs. Shantaben

Court : Gujarat

Decided on : Jun-14-1971

Subject : Civil

Acts : Bombay Court-fees Act, 1959 - Schedule - Articles 10 and 11; Succession Act, 1925 - Sections 217

Reported in : AIR1972Guj108; (1972)0GLR170

three quarters per centum.Provided that when, after the grant of a certificate under Part X of the Indian Succession Act, 1925, or under Bombay Regulation VIII of 1827 or any corresponding law for the time being in force, in … any debt or security to which the certificate is extended under section 376 of the Act.Note: (1) The amount of a debt is its amount … of 1932 and the Bombay Court-fees Act, 1959 as well as S. 19-D of the former Act and Section 24 of the latter. The learned Judge was of the view that 1/5th share in the shares in

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Jul 25 2003

George Vs. Varkey

Court : Kerala

Decided on : Jul-25-2003

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 63

Reported in : 2004(1)KLT21

Koshy, J.1. This appeal is filed against the judgment refusing grant of Letters of Administration under the Indian Succession Act, 1925. The petitioners/plaintiffs are the appellants. Varkey Varkey, father of fifth plaintiff, defendants 1 to 4 and late Mariakutty, … a valid Will, apart from genuineness of the signature and testamentary capacity, it should also be proved that Section 63(c) of the Indian Succession Act, 1925 is complied with. Section 63(c) reads as follows:'63. Execution of unprivileged … their testimony and pronounce in favour of the Will'. Again, at page 376 it is observed thus:-'it is not necessary, however, that affirmative evidence should

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Aug 24 2011

Pandraj Kunjilal Sadh (Deceased) and Rai Kumar Sadh Vs. Santosh Kumari ...

Court : Kolkata

Decided on : Aug-24-2011

Subject : Land Acquisition

been taken away is the jurisdiction of this Court to try and entertain the proceeding under the Indian Succession Act, 1925 and such jurisdiction has been conferred upon the City Civil Court at Calcutta. According to Mr. Deb, apart … In order to appreciate the aforesaid question, it will be profitable to refer to the provisions contained in Sections 57, 58 and 300 of the Indian Succession Act, 1925 and some of the provisions of the City

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