Judgment Search Results Home > Cases Phrase: indian succession act 1925 section 11 special mode of acquiring domicile in india Page 7 of about 75 results (0.109 seconds)

Sugumal Duraisingh Vs. Annamani Ammal

Court : Chennai

Reported in : (2009)8MLJ591

..... the honourable apex court has held that if one of the attesting witnesses is examined as per the provision of section 63 of the indian succession act, 1925 and no infirmity found in his testimony, non-examination of the person who has typed the will or the advocate who has been present at the time of preparation or registration of the will, cannot be a ground to discard the ..... as per the provision of section 68 of the indian evidence act, 1872 and also as per the provision of section 63 of the indian succession act, 1925 for the purpose of proving valid execution and attestation a particular will one attesting witness has to be examined. ..... as stated in the genesis of this judgment, two attesting witnesses have been examined for the purpose of proving the due execution and attestation of ex.p2 as contemplated under sections 68 of the indian evidence act, 1872 and also under section 63 of the indian succession act, 1925. ..... at this juncture, it would be more useful to look into section 68 of the indian evidence act, 1872 and also section 63 of the indian succession act, 1925. ..... section 63 of the indian succession act (act xxxix of 1925) reads as follows;execution of unprivileged wills ..... jasu leela the division bench of this court has held as follows;under section 32 of the indian succession act, the property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules thereinafter contained in the chapter .....

Kamawati Vs. Digbijai Singh

Court : Mumbai

Reported in : (1922)24BOMLR626

..... the plain law of the indian succession act would be eviscerated, and in each case inquiry might have to be entered upon as to whether a deceased subject of the crown wished or by his acts compelled that the law of the land should not ..... cases preceded the indian succession act and cannot modify ..... an argument submitted to the board by the learned counsel for the respondent, the object of which seemed to be to suggest that even accepting the view that the deceased was a christian, still he had by his acts made such an indication as the law would respect, to the effect that his succession was not to be governed by the indian succession act. ..... christian the indian succession act would apply ..... the appellant would be entitled to succeed under the provisions of the indian succession act. ..... section 2 of that act it is enacted : 'except as provided by this act, or by any other law for the time being in force, the rules herein contained shall constitute the law of british india, applicable to all cases of in testate or testamentary succession ..... hereafter noted which challenges this proposition and alleges that in the circumstances of randhir and his family it must be concluded that the indian succession act does not apply to his case, and that the succession to his property is governed by the mitakshara law.3. ..... singh did not do so, and it is not for a court to enter upon an examination of his conduct so as to prevent the indian law of intestate succession getting its full and proper application.11. .....

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 .....

Aloke Saha Vs. Sm. Bina Ghosh and ors.

Court : Kolkata

Reported in : AIR1999Cal237

..... a bare perusal of section 23 of the hindu succession act, would show that ..... section 23 of the hindu succession act ..... and female heirs specified in class i of the schedule and his or her property includes a dwelling house wholly occupied by members of his or her family, then, notwithstanding anything contained in this act, the right of any such female heir to claim partition of the dwelling-house shall not arise until the male heirs choose to divide, their respective shares therein but the female heir shall ..... a contention was raised that in terms of the provisions of the hindu succession act, the respondent no. ..... the female heirs specified in class i of the schedule, in order to be real and enforceable, presupposes that their entitlement cannot be obstructed by any act of the male heirs or rendered illusory such as in creating third party rights therein in favour of others or in tenanting it, creating statutory rights against ..... right of residence, and in that view of the matter, she cannot be said to be a bona fide occupier as envisaged under sub-section (6) of section 12 of the indian electricity act. ..... connection in terms of section 22 of the indian electricity act. ..... furthermore, the provision of subsection (6) of section 12 of the indian electricity act, states that occupier of any building or land means a person ..... clearly held that unless a person is in lawful occupation of a premises, he has no legal right to demand electric connection in terms of the indian electricity act.5. mr. .....

G. Jayashankaraiah Alias Jayashankar Vs. T.N. Gangadhariah

Court : Karnataka

Reported in : AIR2006Kant150; 2006(2)KarLJ612

..... the appellant widower, claiming the service benefits of the deceased, petitioned the lower court under section 372 of the indian succession act, 1925, for a succession certificate thereof. ..... counsel further contends that the petition ought to have been treated as a suit under section 295 of the indian succession act, 1925.3-c. ..... to insist upon litigating the questions at issue between the parties under the provisions of section 373 of the indian succession act, is merely the tactics of obstruction.on the other hand it would clearly be inconvenient if in a case such as this the land acquisition court should take the view that the nature and character of the claim was such as to entitle it to require the production of a succession certificate, while at the same time the judge to whom application for such certificate ..... 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 code of civil ..... 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 code of civil procedure, 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 ..... union of india : (1991)iillj409sc to contend that under service law, family pension cannot be bequeathed by will as it does not form part of the estate of the employee.5 .....

Km. Rakhi and Another Vs. Ist Additional District Judge, Firozabad and ...

Court : Allahabad

Reported in : 2000(1)AWC323

..... he then contends that by reason of section 379 of the indian succession act, the application for succession certificate should have accompanied by a deposit of a sum equivalent to the court fees payable on the certificate if granted. ..... in the present case, the application was filed before the civil judge (senior division), firozabad, who was a delegate under section 388 of indian succession act which fact is not disputed and accordingly, the appeal was preferred before the learned district judge, firozabad, in terms of provision of sub-section (2) of section 388. ..... thus, in my view, the provision contained in section 379 of the indian succession act is not mandatory to the extent that non-compliance thereof would hit at the root of the application itself and throw it out in limine. 14. ..... so far as the question relating to section 379 of the indian succession act as raised by mr. ..... since both the courts below did not have jurisdiction in view of section 371 of the indian succession act. 3. mr. a.s. ..... section 379 bears the heading as 'mode of collecting court-fees on certificate. ..... yadav is concerned, it appears that the said provision provides as follows : section 379 : mode of collecting court-fees on certificates. ..... it was only a mode of collecting court-fees for the certificate or in other words, it was a procedure for securing the realisation of the court-fees payable on the certificate. ..... it was a mode provided to collect the court-fees payable on the certificate if granted. .....

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. .....

Employment Officer Vs. Sevarinathan

Court : Karnataka

Reported in : ILR1985KAR317

..... joshi in his 'the indian succession act', 1966 edition on page 693 had said -' this section raises a conclusive presumption against the debtors that the person to whom the certificate is granted is entitled to receive the debt therein specified. ..... under section 372 of the indian succession act, one will have to file an application for grant of successioncertificate. ..... section 381 of the indian succession act speaks about the effect of the certificate. ..... section 375(2) of the indian succession act reads - 'the judge may, on application made by petition and on cause shown to his satisfaction, and upon such terms as to security, or providing that the money received be paid into court, or otherwise, as he thinks fit, assign the ..... section 374 of the indian succession act reads -- ' when the district judge grants a certificate, he shall therein specify the debts and securities set forth in the application for the certificate, and may thereby empower the person to whom the certificate is ..... section 373 of the succession act lays down the procedure. ..... section 377 of the act says that the succession certificate shall be issued in the form prescribed in schedule viii. ..... 'therefore, the grant of succession certificate does not amount to an order also within the meaning of section 2(14) of the code of civil procedure.7. ..... therefore, the grant of succession certificate will not amount to a 'decree' within the meaning of section 2(2) of the code of civil procedure.6. .....

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 .....

Nachhattar Singh and ors. Vs. the State of Punjab Through Extra Assist ...

Court : Punjab and Haryana

Reported in : (1990)98PLR242

..... before discussing the case law cited at the bar by the counsel for the parties and in order to interpret the provisions of order 21 rule 15 of the code of civil procedure and 214 of the indian succession act, it is necessary to have a look at the bare provisions of the statutes which are as under :--'section 214, of the indian succession act; proof of representative title a condition precedent to recovery through the court of debts from debtors of deceased persons. ..... dhingra, the seamed counsel for the petitioners that lal singh deceased was one of the joint decree-holders and, therefore, his legal representatives ate under no legal obligation to obtain in the first instance a succession certificate before claiming, the enhanced amount of compensation it has farther been argued by him that section 214 of the indian succession act is applicable to a person who is a solitary decree-holder. ..... this in say view is the only possible interpretation to the provisions of section 214 of the indian succession act and order 21 rule 15 of the code of civil procedure. 5. ..... petitioners should bring a succession certificate after making interpretation of section 214 of the indian succession act (hereinafter referred to as 'the act') and order 21 rule 15 of the code of civil procedure (hereinafter called the 'code'). ..... it has further been ruled therein that section 214 of the indian succession act is inapplicable to the case of joint decree-holders, some of whom survive deceased decree holder. .....