Judgment Search Results Home > Cases Phrase: indian succession act 1925 section 11 special mode of acquiring domicile in india Court: us supreme court Page 1 of about 27 results (0.164 seconds)

Shirinbai Maneckshaw and ors. Vs. Nargacebai J. Motishaw and ors.

Court : Supreme Court of India

Reported in : AIR1956SC747; [1956]1SCR591

..... filed a written statement denying that the plaintiffs or the pro forma defendants were the legal heirs of the testator and pleaded inter alia that the provisions of section 67 of the indian succession act were not applicable to the facts and circumstances of the case and that in any case her heirs were under the will made the direct objects of a distinct ..... law or that the plaintiffs and the pro forma defendants supporting them are the heirs of the testator under the law of intestate succession applicable to parsis but he has rested his whole argument on one point, namely, that even if the bequest to shirinbai is void under section 67 of the indian succession act, the entire will does not fail and no intestacy intervenes because on a true construction of the will there is a substitutional bequest ..... in our view there was a substitutional bequest and although the bequest to shirinbai failed by reason of the provisions of section 67 of the indian succession act, those who were her presumptive heirs at the date of the testator's death are entitled to take under this will and consequently there was no intestacy and the ..... of course, not concerned either with the rule in shelley's case or with the provisions of the english law of property act, 1925, but the decision may be said to be against the contention of learned counsel for the appellant, for at the end of ..... down in allahabad where he was carrying on business and had acquired his properties. ..... properties which he acquired in or near .....

Jose Paulo Coutinho Vs. Maria Luiza Valentina Pereira .

Court : Supreme Court of India

..... of the aforesaid, we are clearly of the view that the portuguese civil code being a special act, applicable only to the domiciles of goa, will be applicable to the goan domiciles in respect to all the properties wherever they be situated in india whether within goa or outside goa and section 5 of the indian succession act or the laws of succession would not be applicable to such goan domiciles. ..... who was bequeathed the property in bombay, is that as far as the immovable property situate outside goa in any other part of india 3 is concerned, it would be the indian succession act, 1925 which would apply.5. ..... whether succession to the property of a goan situate outside goa in india will be governed by the portuguese civil code, 1867 as applicable in the state of goa or the indian succession act, 1925 is the question which arises for decision in ..... gangadhar narsingdas agarwal4 was dealing with the question as to whether the respondent no.1 before it had acquired the right to obtain a mining lease from the portuguese government, and, if so, whether after the annexation of goa, the government of india recognised that right and, therefore, was bound to grant a mining lease to respondent no.1 in terms of the application made by him to the government ..... vide the impugned judgment held that in view of the provisions of the indian succession act, 1925 especially section 5 thereof, the civil code would not apply in so far as the property situate outside goa in other parts of india are concerned. .....

Joginder Pal Vs. Indian Red Cross Society and ors.

Court : Supreme Court of India

Reported in : AIR2000SC3279; (2001)1MLJ66(SC); 2000(6)SCALE598; (2000)8SCC143; [2000]Supp3SCR626

..... it has been held that section 387 of the indian succession act takes a decision given under para x of the indian succession act outside the purview of explanation viii to section 11 of the cpc. ..... in this case after having considered the provisions of sections 370 to 390 of the indian succession act as well as section 11 of the cpc, it has been held that any adjudication under part x does not bar the same question being raised between the same parties in a subsequent suit or proceeding ..... it must, however, be noted that section 273 of the indian succession act, provides that probate or letters of administration have effect over all the property and estate, movable or immovable, of the deceased throughout the state in which they have been granted and such probate should be conclusive as to ..... the indian succession act deals with grant of letters of administration (with or without the will being annexed thereto) or grant of probate or grant of succession certificates. ..... sohal the provisions of the indian succession act require to be looked into. ..... entertaining the application, he shall fix a day for the hearing thereof and cause notice of the application and of the day fixed for the hearing-(a) to be served on any person to whom, in the opinion of the judge, special notice of the application should be given, and(b) to be posted on some conspicuous part of the courthouse and published in such other manner, if any, as the judge, subject to any rules made by the high court in this behalf, .....

Madhvi Amma Bhawani Amma and ors. Vs. Kunjikutty Pillai Meenakshi Pill ...

Court : Supreme Court of India

Reported in : AIR2000SC2301; 2000(3)ALT35(SC); 2001(49)BLJR813; JT2000(5)SC336; 2000(2)KLT518(SC); (2000)3MLJ78(SC); 2000(4)SCALE629; (2000)6SCC301

..... the short question raised in this appeal, is, whether an order granting succession certificate under section 373 of the indian succession act, 1925 would operate as res judicata to the suit for partition filed in a civil court between the same parties.2. ..... though we shall be referring later, the effect of various provisions of the indian succession act on this question, but suffice it to say that this decision renders no help to the respondent, as in our case there was no issue, in the earlier proceeding, whether uterine brother would be entitled to inherit the estate of the deceased in the proceeding under section 372 of the indian succession act, which is the foundation of challenge by the appellant to the claim of the plaintiff as the legal heir of the deceased. ..... so we have no doubt to hold that any decision made in proceeding under section 372, for the grant of succession certificate under the indian succession act, would not bar any party to the said proceeding to raise the same issue in a subsequent suit. ..... both, the suits and the said proceeding under the indian succession act were tried together and decided by a common judgment by the trial court. ..... first we proceed to examine the various provisions under the indian succession act. .....

Vidyadhari and ors. Vs. Sukhrana Bai and ors.

Court : Supreme Court of India

Reported in : AIR2008SC1420; 2008(2)ALT12(SC); 2008(1)AWC1061(SC); 2008(56)BLJR1015; (SCSuppl)2008(2)CHN79; 105(2008)CLT833(SC); (2008)3GLR2671; 2008(3)MhLj1; (2008)3MLJ562(SC); RLW2008; 2008AIRSCW910; 2008(2)SCC238; 2008(1)SCALE580; 2008(3)LH(SC)2052

..... the law is clear on this issue that a nominee like vidhyadhari who was claiming the death benefits arising out of the employment can always file an application under section 372 of the indian succession act as there is nothing in that section to prevent such a nominee from claiming the certificate on the basis of nomination. ..... two separate applications came to be filed under section 372 of the indian succession act for obtaining succession certificate with respect to the movable properties of deceased sheetaldeen, one of them was filed by vidhyadhari registered as succession case no. ..... the high court completely ignored the admitted situation that this succession certificate was for the purposes of collecting the provident fund, life cover scheme, pension and amount of life insurance and amount of other dues in the nature of death benefits of sheetaldeen. ..... to balance the equities we would, therefore, chose to grant succession certificate to vidhyadhari but with a rider that she would protect the 1/5th share of sukhrana bai in sheetaldeen's properties and would hand over the same to her. ..... the trial court also held that the succession certificate was liable to be issued in favour of vidhyadhari and not in favour of sukhrana bai. ..... (4) for receiving the amount due to deceased sheetaldeen, issuance of succession certificate in whose favour would be just and proper? .....

Madhu Kishwar and Others Vs. State of Bihar and Others

Court : Supreme Court of India

Reported in : 1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442

..... christians in india are governed by the indian succession act, 1925. ..... it is also proposed that even though the provisions of the hindu succession act, 1956 and the indian succession act, 1925 in terms would not apply to the scheduled tribes, their general principles composing of justice, equity and fairplay would apply to ..... i would hold that the provisions of hindu succession act, 1956 and the indian succession act, 1925 though in terms, would not apply to the scheduled tribes, the general principles contained therein being consistent with justice, equity, fairness, justness and good conscience would apply to ..... (3) in determining whether a tenant is a tenure-holder or a raiyat, the court shall have regard to-(a) local custom, and(b) the purpose for which the right of tenancy was originally acquired.section 7:(1) meaning of 'raiyat having khunt-khatt1 rights' - 'raiyat having khunt katti rights' means a raiyat in occupation of, or having any subsisting title to, land reclaimed from jungle by the original founders of the village or their descendants in ..... shivanandha perumal sheroyar, (1872) 14 moo ind app 585, the judicial committee had held that custom is the essence of special usage modifying the ordinary law of succession that it should be ancient and invariable; and it is further essential that they should be established to be so by clear and unambiguous ..... their conclusion at page 37, they have stated that the santhals and saora tribals practice patrilineal as a mode of succession. .....

Janki Narayan Bhoir Vs. Narayan Namdeo Kadam

Court : Supreme Court of India

Reported in : AIR2003SC761; 2003(2)ALLMR(SC)689; 2003(51)BLJR673; (SCSuppl)2003(2)CHN104; 2003(1)CTC308; (2003)2GLR1493; JT2002(10)SC340; (2003)2SCC91; [2002]SUPP5SCR175; 2003(1)LC708(SC

..... the contentions urged by the learned counsel for the appellant were that the will in question was not proved as required by law, having regard to section 63of indian succession act read with section 68 of the indian evidence act, 1872 the attestation of will by two witnesses was not established; the high court committedan error in treating the scribe as an attesting witness when he did not sign as animo attestendi. ..... we think it appropriate to look at the relevant provisions, namely, section 63 of the indian successionact, 1925 and sections 68 and 71 of the indian evidenceact, 1872 which read:section 63 of the succession act'63. ..... , speaking for the division bench in similarcircumstances has stated that although section 63 of the succession act requires that will has to be attested by two witnesses, section 68 of the evidence act permits the execution of the will to be proved by only one attesting witness being called. ..... on the other hand, the learned counsel for respondent urged that although section 63 of the succession act requires attestation of a will at least by two witnesses but the will could be proved byexamining one attesting witness as per section 68 of the evidence act and by leading other evidence as per section 71 of the evidence act. ..... this appeal by special leave is by the defendant questioning the validity and correctness of the impugned judgment and decree passed by the high court in the second appeal. .....

V. Kalyanaswamy (D) by Lrs. Vs. L. Bakthavatsalam (D) Thr. Lrs. .

Court : Supreme Court of India

..... having thrown light upon the words absolute rights in the context of section 119 of the indian succession act, 1925, it is this right which was sought to be made subject matter of a decree for ..... mode of making an unprivileged will is provided in section 63 of the indian succession act ..... therefore, section 3(2) contemplates the situation, where, at the time when the hindu dies after the enactment of the act in 1937 (it came into force on 14th april, 1937 and it was repealed by section 31 of the hindu succession act 1956), in order that the widow acquires the same interest as her husband had under section 3(2), the hindu must die when he is not separated from ..... with the idea of considering holding in favour of the appellants even treating it to be an exercise of powers under article 142 of the constitution of india in the special facts of this case as brought out by the testimony of pw1 as regards the inequity involved. ..... in the case of a will, which is required to be executed in the mode provided in section 63 of the indian succession act, when there is an attesting witness available, the will is to be proved ..... the mere fact that it is not specifically averred, as to the mode by which the division was brought about, in our view, is not fatal to the appellants case, if it ..... undivided property must be brought, according to the theory of an undivided family, to the common chest or purse, and then dealt with according to the modes of enjoyment by the members of an undivided family. .....

Shakuntala Bai and Ors. Vs. Mahaveer Prasad

Court : Supreme Court of India

..... respondent no.1, mahaveer prasad against the verdict of the learned district judge, udaipur dated 24.5.1997, in original civil case no.32/1992, instituted by him under section 372 of the indian succession act 1925 for issuance of succession certificate in his favour, as well as the judgment and order dated 23.08.2007 passed in division bench civil special appeal no.187/2003 rendered by a division bench of the high court sustaining the decision dated 25.09.2003 above referred to. ..... the respondent no.1, mahaveer prasad, filed an application before the learned trial court under section 372 of the indian succession act 1925 (for short hereinafter referred to as the act ) for issuance of succession certificate, to enable him to collect the rent from the tenants of the ground floor and basement thereunder of the property of kanhaiya lal (who was by then dead) situated ..... no.1 and 2, sohanbai (wife of kanhaiya lal) and kantabai (daughter of kanhaiya lal) in their written-statement supported the application of the respondent no.1 and pleaded that the succession certificate may be issued him as prayed for, the non-applicant no.3 and 4 chhabi lal and shakuntla alleged that the will dated 15.11.1978 was a fictitious one and asserted ..... of the testator had, at all relevant time, supported the respondent no.1 in his initiatives to obtain the succession certificate is also a formidable factor in his favour as well as in endorsement of the genuineness of the ..... court of india civil appellate .....

Jai Mahal Hotels Pvt. Ltd. Vs. Rajkumar Devraj and Ors.

Court : Supreme Court of India

..... (v) whether the order dated 19.02.2009 is unenforceable due to the bar of section 370 of the indian succession act, 1925 for granting succession certificate in the presence of the will?. ..... (vii) whether bar of section 370 of the indian succession act operates in the facts and circumstances of this case ..... , the high court held that the succession certificate dated 19th february, 2009 issued by the competent court had to be taken as conclusive evidence under section 381 of the indian succession act. ..... (viii) whether sections 373, 381, 383 and other provisions of the indian succession act are applicable in the facts and circumstances of this case ..... (vi) can in view of section 381 of the succession act, the succession certificate granted jointly in the name of the rajmata and two grand children be operative after the demise of the rajmata ..... section 370 of succession act was also ..... vide letter dated 15th july, 2009, dr group claimed transmission and transfer of shares in their favour on the basis of succession certificate dated 19th february, 2009 issued by the district and sessions judge, jaipur (civil), transfer deed dated 27th april, 2009 executed by their grand mother gayitri devi ( gd ) along with revalidation of the ..... in absence of the said will, dr group could not acquire any rights as ud group was entitled to inherit the estate of ..... reportable in the supreme court of india civil appellate jurisdiction civil appeal no.7914 of2015(arising out of slp (civil) no.4384 of2013 jai mahal hotels .....