Judgment Search Results Home > Cases Phrase: indian succession act 1925 part 4 of consangunity Page 1 of about 41 results (0.026 seconds)

Taiyab (Md.) and anr. Vs. Meghalaya Board of Wakf and ors.

Court : Guwahati

..... it is true that part-iv of the indian succession act, 1925 deals with consanguinity and under section 23 of the said act, part-iv has not been made applicable to muhammadans and also persons of few ..... judge of the tribunal has also taken the assistance of the definition of 'lineal consanguinity' defined in section 25 of the indian succession act, 1925. ..... absence of any definition of lineal descendants in the wakf act, 1995 or any authoritative pronouncement in this regard under muhammadan law, the definition of lineal consanguinity given under the indian succession act can also be taken into consideration in spirit. ..... by any court subordinate to such high court and in which no appeal lies thereto, and if such subordinate court appears--(a) to have exercised a jurisdiction not vested in it by law, or(b) to have failed to exercise a jurisdiction so vested, or(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the high court may make such order in the case as it thinks fit:provided that the high court shall not, under this section, vary ..... would show that while the revisional powers under the code of civil procedure has restricted the authority of the high court with regard to reversing the impugned order, the provisions of the wakf act have unequivocally authorized the high court to examine the correctness, legality or propriety of the orders of the wakf tribunal and while doing so, the high court can confirm, reverse or modify the orders of the .....

Rujuta Pradeep Mhatre and Others Vs. Mrs. Smita Harihar Parelkar and O ...

Court : Mumbai

..... . section 218 of the indian succession act, 1925 must be read with section ..... .- (1) when a person has died intestate, or leaving a will of which there is no executor willing and competent to act or where the executor is, at the time of the death of such person, resident out of the state, and it appears to the court to be necessary or convenient to appoint some person to administer the estate or any part thereof, other than the person who, in ordinary circumstances, would be entitled to a grant of administration, the court may, in its discretion, having regard to consanguinity, amount of ..... as regards the second floor of sita sadan, neelam claims ownership of a part of this floor and says that her husband vinay (original plaintiff no. ..... 1) in sita sadan and that shankarrao at some point in time, which remains unspecified, created a tenancy of the third floor and part of the terrace in favour of neelams father-in-law, manohar. ..... further, neelam has also claimed to be a tenant of the entire third floor of sita sadan and, along with her children pranil and avanti, also claimed ownership of part of the second floor of sita sadan. ..... , sikh or jaina or an exempted person, administration of his estate may be granted to any person who according to the rules for the distribution of the estate applicable in the case of such deceased, would be entitled to the whole or any part of such deceaseds estate ..... is not in doubt again is that the third floor premises were part of the estate of shankarrao. 31. .....

md.abrar Vs. Meghalaya Board of Wakf .

Court : Supreme Court of India

..... the wakf tribunal by order dated 19.7.2006 relied upon section 25 of the indian succession act, 1925 to interpret the term family line of the settlor as stated in the waqf ..... section 25 of the indian succession act provides as follows: ..... however, the court simultaneously observed that while part iv of the indian succession act excludes applicability to muslim persons, in the absence of any definition of lineal descendants in the 1995 act or any authoritative pronouncement of mohammedan law in this regard, the definition under section 25 of the indian succession act could be taken into consideration for interpreting the meaning of the term family ..... if the waqif had intended to exclude his descendants through the female line from succession to mutawalli ship, he would have expressly stated that after the death of either the original joint mutawallis, ..... wakf board strongly 13 condemned the deceased kammu mia for continuing as sole mutawalli and observed that this indicated a desire on his part to misappropriate the income of the waqf for his own family, to the exclusion of the other descendants of the waqif. ..... therefore, what remains to be decided is whether the appellant can be construed as part of the family line of the waqif haji elahi baksh as required under clause 2 of the waqf ..... it is clear that the waqif not only included the direct descendants of his son but also his descendants through the female line, which includes kammu mia s daughter s descendants, as part of his family line. .....

Benoy Kumar Mondal Vs. Panchanon Majumdar

Court : Kolkata

Reported in : AIR1956Cal177,60CWN598

..... 158 (a)), succession to the estate of the deceased sarojini who was a christian, that is, not a 'hindu, mohammedan, buddhist, sikh or jaina' would be governed by the indian succession act (act 39 of 1925), or, to be more precise, by part 5 thereof where this particular section (section 29) occurs (vide -- 'kamawati v. ..... respective religions and persons professing other faiths, save in cases coming under special protective legislations, like for example, the caste disabilities removal act, 1950 (act 21 of 1950), are excluded from inheritance, otherwise available to them, simply on the ground of difference of religion.claims for succession, however, under the indian succession act stand on an entirely different footing and the religion of the claimant as distinguished from the religion of the deceased owner is entirely irrelevant for the ..... panchanon as the nearest consanguine or blood relation, and that section (section 48) undoubtedly aids the respondent.the appellant no doubt contends that panchanon, though otherwise entitled to succeed to the deceased sarojini's estate under the indian succession act (section 48) as her nearest consanguine relation, would not be so entitled because he happens to be a hindu while sarojini was a christian but we do not think that this contention is well-founded.the .....

Preman Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1999Ker93

..... aggrieved against section 118 of the indian succession act, 1925, they have filed the original petitions to declare the said provision as unconstitutional, discriminatory, arbitrary and violative of articles 13(1), 14, 15(1), 25 and 51a of the constitution of india and to direct the state government to exempt christians from section 118 by invoking section 3 of the indian succession act since section 118 is violative of article 14 of the ..... minority to find its identity under the country's constitution.it is the duty and function of the court whenever the fundamental right under article 25 is invoked to examine the act and see if it is to protect public order, morality and health, or whether it gives effect to the other provisions of part 111 of the constitution or whether it is authorised by a law made to regulate or restrict any economic, financial, political or secular activity which may be associated with religious practice or ..... whenever fundamental right to freedom of conscience and to profess, practice and to propagate religion is invoked, the petitioners contend that the act complained of as offending the fundamental right must be examined to discover whether such act is to protect public order, morality and health, whether it is to give effect to the other provisions of part iii of the constitution or whether it is authorised by a law made to regulate or restrict any economic, financial, political or secular, activity which may be associated with religious practice .....

V. Sreekantha Reddy and ors. Vs. Varanasi Rajeena Venugopal Reddy

Court : Andhra Pradesh

Reported in : 2004(5)ALD200

..... , under the scheme of indian succession act, 1925, a succession certificate should not have been ..... neither part x nor any other provision of the indian succession act specifies as to who are the persons who are entitled to apply for a succession certificate or what are the classes of property, with reference ..... the act declare that certain parts of the act, are applicable to certain categories of subjects, which are governed by the succession act and ..... title a condition precedent to recovery through the courts of debts from debtors of deceased persons:--(1) no court shall,--(a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to be entitled to the effects of the deceased person or to any part thereof, or(b) proceed, upon an application of a person claiming to be so entitled, to execute against such a debtor a decree or order for the payment of his debt,except on the production, by the person ..... so claiming of--(i) a probate or letters of administration evidencing the grant to him of administration to the estate of the deceased, or(ii) a certificate granted under section 31 or section 32 of the administrator general's act, 1913 (3 of 1913), and having the debt mentioned therein, or(iii) a succession certificate granted under part x and having the debt specified therein, or(iv) a certificate granted under the succession certificate act, 1889 (7 of 1889), or(v) a certificate granted under bombay regulation no. .....

Rupali Mehta Vs. Smt. Tina Narinder SaIn Mehta

Court : Mumbai

Reported in : AIR2007Bom62; 2006(6)ALLMR48; 2006(6)BomCR778; 2006(6)MhLj786

..... perusal of the preamble of the indian succession act, 1925 shows that the act has been enacted to consolidate the law applicable to intestate and testamentary succession. ..... section 269 is the only provision that i find in part-ix of the succession act giving power to the court to interfere for protection of the property. ..... -(1) if any person dies leaving property, moveable or immoveable, any person claiming a right by succession thereto, or to any portion thereof, may make application to the district judge of the district where any part of the property is found or situate for relief, either after actual possession has been taken by another person, or when forcible means of seizing possession are apprehended. ..... -(1) until probate is granted of the will of a deceased person, or an administrator of his estate is constituted, the district judge, within whose jurisdiction any part of the property of the deceased person is situate, is authorised and required to interfere for the protection of such property at the instance of any person claiming to be interested therein, and in all other cases where the judge considers ..... perusal of section 57 of the act shows that this part-vi deals with testamentary succession of hindu, buddhist, sikh or jaina on or after the first day of september, 1870 within the territories which at the said date were subject to the lieutenant-governor of bengal or within the local limits of the ordinary original .....

CaptaIn Jagdish Chandra Varshney Vs. Smt. Muni Varshney and anr.

Court : Allahabad

Reported in : AIR2006All347

..... with consent of parties, the following issues were framed as preliminary issue to be decided before framing further issues;whether in view of section 236 of the indian succession act 1925, 'letters of administration' can be granted of the estate of the deceased to a registered society.2. ..... the legal bar created under section 236 of the indian succession act 1925 does not allow the court to proceed to consider the validity of the will and to decide other issue. ..... section 236 of the indian succession act 1925 is couched in negative terms and provides that 'letters of administration' cannot granted to certain classes of persons. ..... the impleadment application was allowed on 28-3-2006 and on the same date, the parties had agreed that the preliminary issue with regard to the maintainability of the suit in view of section 236 of the indian succession act 1925, to be decided as a preliminary issue.10. ..... section 217 in part ix of the act provides for grant of probate and letters of administration with the will annexed and the administration of the assets of the deceasedin cases of intestate succession. ..... according to the rules for distribution of the estate applicable in the case of such deceased to the whole or any part of the deceased's estate. ..... before parting, however, we may add that growing needs of the country in this field of law appears to have not received sufficient attention of the parliament. ..... for reasons stated above, the appeal is allowed in part. .....

Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others

Court : Allahabad

Reported in : 2000(4)AWC3270

..... . is concerned, intestate succession of indian christians is governed by the provisions contained in indian succession act, 1925 and any custom prevalent in the state in this regard would, for the purpose of succession be irrelevant ; that right to succeed to the property left by maud datt is governed not by alleged custom set up by ajit datt but is governed by the provisions contained in indian succession act ; that under the provisions of the said act a child adopted by a person for being brought up as a son does not inherit the property left by him : ..... in support of this submission, reliance is placed on sub-section (2) of section 29 of indian succession act, which enjoins that save as provided in sub-section (1) or by any other law for (he time being in force, the provision of this part shall constitute the law of india in all cases of intestacy ..... . part v of the act contains 'the law of india' which governs succession to the immovable property in all cases of ..... . the right of orphaned, abandoned and destitute child to be adopted by a willing parent may be a part of his fundamental right guaranteed under article 21 of the constitution but i fail to see how the right to succeed and inherit the estate of the adoptive parents can also be culled out from article ..... . section 29 specifically excludes the applicability of part v of the act to the property of a hindu and, therefore, for interpreting the provisions contained in this part, the notions of hindu law cannot be .....

Taufeeq Hassan and anr. Vs. Dr. Khurshid Ara Begum and ors.

Court : Andhra Pradesh

Reported in : 2006(3)ALD494

..... under section 372 of the indian succession act 1925 praying for grant of succession certificate. ..... section 381 of the indian succession act deals with the effect of certificate, which reads thus:effect of certificate :subject to the provisions of this part, the certificate of the district judge shall, with respect of the debts and securities specified therein, by conclusives as against the persons owing such debts or liable on such securities, and shall, notwithstanding any contravention ..... sub-section (3) of section 373 of the indian succession act specifies that if the judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceeding, he may nevertheless grant a ..... 41 rule 22 of the code of civil procedure reads as hereunder:upon hearing respondent may object to decree as if he had preferred a separate appeal :any respondent, thought he may not have appealed from any part of the decree, may not only support the decree (but may also state that the finding against him decree in the court below in respect of any issue ought to have been in his favour, and ..... the suit was partly decreed and aggrieved by the respective portions, the appeal and the cross-appeal ..... a partly, who had given up the claim before the original court, cannot make a grievance of it before the appellate court and cannot raise the same ground as a ground of attack either by way of cross-objection or by way .....