Judgment Search Results Home > Cases Phrase: indian succession act 1925 section 11 special mode of acquiring domicile in india Court: delhi Page 1 of about 4 results (0.166 seconds)

Sushila Devi vs.state and Ors

Court : Delhi

..... ; (iii) so it cannot be construed that mere cm(m) no.985/2017 page 3 of 7 grant of such certificate or a decision in such proceedings would constitute to be a decision on an issue finally decided between the parties; (iv) per section 381 of the indian succession act also, the succession certificate merely affords full indemnity to the debtor for the payments he makes to the person holding such certificate; thus when the debtor pays the debts or the securities as specified in the certificate ..... of india 2004 (3) mh.l.j349held that where succession certificate has been successfully obtained by a party but the concerned person refuses to make the payment, the execution proceedings cannot be filed for execution of the succession certificate granted by the court under part x of the indian succession act and the holder of the succession certificate has to file a suit on the basis of the said succession certificate ..... such succession certificate, in a proceeding for grant of succession certificate which in any case is summary in nature, the persons holding debts and securities are not required to be impleaded and a perusal of the order dated 14th november, 2014 ordering issuance of succession certificate in favour of the petitioner also does not show axis bank, khan market, new delhi and new india insurance ..... this petition under article 227 of the constitution of india impugns the order (dated 29th july, 2016 of administrative civil judge, patiala house courts, new delhi) of dismissal of the .....

Tarini Mehta vs.sanjeev Chhabra & Ors

Court : Delhi

..... in the facts of the case, while looking to the provisions of section 119 and 120 of the indian succession act, 1925 ( the indian succession act for short) where a legatee was allowed to enjoy the income from bequeathed properties even during the period rights of separate enjoyment were not available to the legatee and there was a postponement of the right to ..... where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give, effect to the transfer, the transferor s right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions ..... crux of the arguments of learned counsel for the defendants no.1 & 2 is on the date of the death of goverdhan lal obhroi, the defendants no.4 & 5 as well as the plaintiff had acquired vested proprietary rights in the property, though its enjoyment and possession was deferred till after the death of their mothers viz. ..... in swaran singh banda (supra) the sisters relinquished their proposed definite shares which they acquire by succession, which per se is not the case here.39. ..... plaintiff being the daughter of defendant no.6 and defendant nos.4 & 5 being the daughters of defendant no.3 were to acquire the property as absolute owners in the event of the demise of their mothers namely defendants no.3 & 6.3. .....

Goyal Mg Gases Private Ltd. Vs. Messer Griesheim Gmbh

Court : Delhi

..... in the said case, one of the questions which was considered by this court was whether the district court was competent to entertain the petition under section 276 of the indian successions act, 1925 for grant of letters of administration. ..... in the said case, one of the questions arising for the consideration of this court was whether the district judge was competent to entertain the petition under section 370 and 372 of indian succession act, 1925 for grant of succession certificate. ..... the issue of maintainability of the execution petition was decided by the bench of the chief justice of the andhra pradesh high court against the subsequent owner; who preferred special leave petition before the supreme court of india laying challenge to the maintainability of the execution petition before the andhra pradesh high court.75. ..... according to professor gutteridge, the doctrine of an acquired right explains the reasons for the enforcement of a foreign judgment, and this is the doctrine to which dean h.e.read probably refers when he explains: "the true basis upon which the anglo-dominion authorities place .....

Reena Jain and Another Vs. Rajiv Kumar Saxena

Court : Delhi

..... india as also the obligation of hindu husband to maintain his wife both under the shastric law as also the hindu adoptions and maintenance act, and has consequently held that when by a will, a hindu husband bequeaths life interest in a property to his widow, the widow takes the property not as limited owner with life interest but she becomes the full owner thereof by virtue of section 14(1) of the hindu succession act ..... of the considered view that she having had under sastric law, as envisaged in the will, the properties in recognition of her pre-existing right to maintenance, it is not a right acquired for the first time under the instrument will, but it is a reflection of the pre-existing right under the sastric law, which was blossomed into an absolute ownership after 1956 under ..... of the same alongwith the terrace on account of having entered into a family settlement deed dated 18.12.2000, appellant no.1 would become the owner of the same in view of the provision of section 115 of the indian evidence act, 1872 which estops a real owner who stands by when construction is being carried out, from claiming ownership rights in a property, once a third person constructs on the property in the ..... are governed by a special equity peculiar to themselves ..... family arrangements are governed by a special equity peculiar to themselves, and will be enforced if honestly made, although they have not been meant as a compromise, but have proceeded from an error of all parties, originating in mistake .....

Margaret T. Desor and ors. Vs. Worldwide Agencies Pvt. Ltd. and ors.

Court : Delhi

Reported in : [1989]66CompCas5(Delhi); ILR1988Delhi557

..... he says that by virtue of the provisions of section 273 of the indian succession act the succession certificate so obtained, is conclusive, and as such cannot be questioned by any person in any other proceedings, i agree. ..... they have obtained letters of administration under section 273 of the indian succession act which is conclusive. ..... vinod bhagat also referred to the provisions of section 273 of the indian succession act. mr. ..... of this petition before me, is; (i) that the petitioners are not registered as members of the company; their names are not recorded in the register of members; (ii) they are, thereforee, not members within the meaning of the companies act, and particularly section 399 of the act, and as such they cannot present a petition under sections 397/398 of the act; and (iii) that a composite petition as filed, wherein an alternative prayer made for winding up the company, is not maintainable.(29) mr. p. b. ..... and others) (16) whereas it was held that once the permission to hold shares is given by the reserve bank of india before or after filing of the petition, it is not open to any person to question that permission.. ..... desor and margaret desor was registered under the special marriage act in the year 1972. ..... the appeal before the supreme court was by special leave against an order of the allahabad high court, which had dismissed the special appeal before it, questioning the right of the requisitionists to issue notice under section 169 of the act. .....

Surinder Pal Sharma vs.raj Kumari & Ors.

Court : Delhi

..... one attesting witness and accordingly trial court has come to a finding that since a will requires at least two attesting witnesses as per section 63 of the indian succession act, 1925 therefore since the will of the mother smt. ..... time, as held in that very judgment the section cannot be read to absolve a party of his obligation under section 68 of the evidence act read with section 63 of the succession act to present in evidence a witness, though alive and ..... the requirement of section 63(c) of the succession act is that the will is required to be attested by two or more witnesses, each of whom had seen the testator sign and who have themselves signed in the presence of and at the direction of the ..... executed in the manner required by section 63 of the succession act. ..... an admission by the person signing the will and by the witnesses of having signed the will is not an admission of the fulfilment of conditions of section 63 of succession act. ..... attestation of the will, or the attesting witnesses have already expired or are not traceable, and therefore there are no depositions of the attesting witnesses, even then a will is proved in terms of section 69 of the indian evidence act which requires that the will can be proved by proving that the signatures of the person(s) appearing on the will is of the attesting witness(s). ..... fact that the suit property was the self acquired property. ..... 10.1 section 68 of the indian evidence act lays down the mode and manner in which the execution of the will .....

Sarvjit Singh Sareen Vs. Mrs. Ritu Menon and ors.

Court : Delhi

Reported in : 166(2010)DLT242

..... of section 63 of the indian succession act, 1925 read with section 68 of the indian evidence act 1872. ..... the court noticed that the transfer of property act, 1882 as well as the indian succession act, 1925 recognise this difference (between 'vested' interest and ..... of 1986, (which has not been proved by the plaintiff by producing the attesting witness as required under section 63(c) of the indian succession act read with section 68 of the indian evidence act) also stipulated that all the three legal heirs would enjoy the property in the manner stated in the ..... plaintiff in this suit seeks declaration as to will dated 06.09.1995, which he disputes, as not legal and binding and that it contravenes section 114 of the indian succession act; he also claims that in the event of declaration not being granted, the court should hold that the said will is void and not ..... position in india and it has been succinctly brought out in illustration (ii) to section 119 and illustration (ii) to section 120 of the indian succession act. ..... of property, an interest therein is created in favour of a person to take effect only on the happening of a specified uncertain event, or if a specified uncertain event shall not happen, such person thereby acquires a contingent interest in the property. ..... referred to as 'suit property'), movable/immovable assets fully described in the suit, for the appointment of a local commissioner to suggest the mode of partition and take consequential steps towards drawing a final decree.2. .....

Smt. Sudershan Karir and Others Vs. State and Others

Court : Delhi

Reported in : 2001IVAD(Delhi)401; 92(2001)DLT249; 2001(59)DRJ154

..... nirmal karir and her children (respondents no.2 to 4) filed two separate petitions under section 372 of the indian succession act for grant of succession certificate to the estate of one shri sham sunder karir, who died on ..... consequently, the learned trial court dismissed the appellants' petition under section 372 of the indian succession act and granted succession certificate to smt.nirmal karir and the respondents no.2 to 4 to the estate of the deceased sham ..... filed under section 372 of the indian succession act.2. ..... present case the dispute as regards the question of smt.sudershan karir being the legally wedded wife of sham sunder karir and consequently her being entitled to the grant of succession certificate to his estate had admittedly become disputed prior to april 22, 1975 inasmuch as the two petitions for the grant of succession certificate by the two sets of parties had already been moved in november, 1974. ..... is directed against the judgment of a learned single judge of this court dated 26th october, 1987 affirming the judgment of the sub judge, delhi granting succession certificate to the respondents no. ..... as per s.32(5) of the evidence act, a statement, written or verbal, of relevant facts made by a person who is dead, is itself a relevant fact when the statement relates to the existence of any relationship between persons as to whose relationship the person making the statement has special means of knowledge, and when the statement was made before the question in dispute .....

Jagdish Lal Bhatia and ors. Vs. Madan Lal Bhatia and anr.

Court : Delhi

Reported in : 2008(100)DRJ98

..... directed against the order dated 21.10.03 passed by the learned additional district judge, delhi whereby petition filed by the respondent under section 276 of the indian succession act, 1925 was allowed and letters of administration were granted in favor of the respondent in respect of the will dated 6.2.1985 executed ..... order dated 21.10.03, objectors to the petition under section 276 of the indian succession act, 1925 filed by the respondent have filed the present ..... will is the same as any other document excepting that the evidence tendered in proof of a will should additionally satisfy the requirement of section 63 of the indian succession act, 1925 and section 68 of the indian evidence act, 1872. ..... madan lal bhatia filed a petition under section 276 of the indian succession act, 1925 seeking probate of a will purported to have been executed by ..... section 2(h) of the indian succession act, 1925 defines a will to mean the legal declaration of the intention of a testator with respect to his property which he desires to be ..... as discussed earlier, in view of section 63 of indian succession act and the proviso to section 68 of the evidence act, the requirement of law would be fully satisfied if only one of the attesting witness ..... that the present petition under section 276 of the indian succession act, for the grant of the letters of administration, is not maintainable, because shrimati ram lubhai had neither executed any will nor she was a sound disposing mind in february, 1985 at the .....

Gulshan Malhotra Vs. Jagdev Malhota and ors.

Court : Delhi

Reported in : AIR2004Delhi98; 2003(3)ARBLR678(Delhi); 109(2004)DLT117; 2004(72)DRJ94; 2004(1)RAJ326

..... according to the procedure when a claim is received supported by the legal evidence such as succession certificate issued under the indian succession act or a probate of will or letter of administration of the deceased, the claimant is required to fill in the claim application in the prescribed form. ..... it is submitted that unless supported by the succession certificate issued under the indian succession act or a probate or letters of administration of the estate of the deceased, the respondent is not obliged to make payment of the proceeds of such certificates and consequently the appellant will not be entitled to any interest after the date of maturity. ..... even assuming the respondent was required to follow the procedure laid down in the departmental instructions issued from time to time, it only requires that the claim should be supported by 'legal evidence' such as succession certificate issued under the succession act or a probate of will or letters of administration of the estate of the deceased. ..... it only means that 'legal evidence' will include succession certificate or probate of will or letters of administration but does not mean that decree passed by a court of competent jurisdiction will not be 'legal evidence' in support of the claim of the person who seeks the proceeds of the national ..... the respondent however, did not make payment and insisted that the claim of the appellant should be supported by the succession certificate, probate of will or letters of administration. .....