Court : Karnataka
Reported in : AIR1966Kant198; AIR1966Mys198; (1965)2MysLJ167
..... (4) section 214 of the indian succession act 1925 prescribes that:'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-x x x (iii) a succession certificate granted under part x and having the debt ..... execution applicant is resisted by the judgment debtor on the ground that the same cannot be proceeded without the production of a succession certificate as required by section 214 of the indian succession act, 1925. ..... 214 of the indian succession act have been in any manner modified by ..... of the indian succession act and s. ..... of the indian succession act. ..... of the hindu succession act of 1956. ..... of the hindu succession act. ..... of the hindu succession act. ..... is also not denied that she did not get the property in question by survivorship she acquired a right for a portion of the decree in view of section 8 of the hindu succession act, 1956(central act no. ..... former lays down that no execution petition shall be proceeded with without the production of a succession certificate when a person claims a right in a decree on the ground of succession, whereas the latter regulates the succession to the estate of a deceased male hindu dying intestate. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALT32
..... that the disposition is unnatural, the will does not conform to the provisions of section 63 of the indian succession act and the signature of the testator was not proved.16. ..... as far as the requirement in law is concerned, section 63 of the indian succession act stipulates conditions to be complied with for making a valid ..... submits that only one witness attested the will ex.b-1 and the same does not constitute compliance with section 63 of the indian succession act to bring about an enforceable will. ..... same does not constitute compliance with section 63 of the indian succession act. ..... regards attestation, he submits that the scribe of the document has also figured as the 2nd attestor and there is compliance with the provisions of section 63 of the indian succession act. ..... to him, the dispositions under the will are unnatural, the signature of the testator late bv reddy was not proved and the attestation on the same does not conform to the provisions of the indian succession act. ..... evidence is not sufficient under the provision of section 68 of the indian evidence act, to prove the execution of the document. ..... controversy was as to whether the examination of a scribe and not attesting witness would satisfy the requirement of section 68 of the indian evidence act. ..... section 68, indian evidence act requires an attesting witness to be called as a witness to prove the due execution and attestation of the ..... has a significant meaning and a special purpose to serve. ..... the special leave petitions are .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR332; 2007(2)BomCR610; (2007)109BOMLR342
..... applicants/respondents and accepted by the city civil court, is wrong and, opponent-burzor joshi, being from the category of lineal male heir and the word 'lineal' being interpreted, in the indian succession act to include female heirs also, was entitled to act as and become the chairman-cum-trustee of the trust.14. ..... no reliance can be placed upon the definition of word 'lineal' as appears in the indian succession act and, therefore, on this ground this review application is required to be allowed. 24. ..... interpreting the words 'lineal male heirs' with reference to the provisions of indian succession act, the contention of opponent burzor joshi was accepted by me.18. ..... for the applicants/respondents, no reliance can be placed on the definition of word, 'lineal' as given in the indian succession act.19. ..... chairman and trustee the other grandsons and the male issue and male descendants of such grandsons of the said merwanjee framjee panday shall from time to time, according to seniority of age and priority of birth successively succeed to and hold the office of chairman of the said trustees, (the eldest son always succeeding in preference to an uncle or other male relative), and shall by virtue of such office be and become ..... section 114 reads thus:review --subject as aforesaid, any person considering himself aggrieved --(a) by a decree or order from which an appeal is allowed by this code, but from which no appeal has been preferred, (b) by a decree ..... section 114 and rule 1 of order xlvii .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2005Bom397; 2006(1)ALLMR517; 2006(2)MhLj162
..... advocate sohoni appearing for petitioner states that one rambharose dubey, resident of chandrapur executed a will on 5-1-1995 and after his expiry on 6-2-1995 at seloo town in wardha district, the petitioners filed application for grant of succession certificate under section 372 of indian succession act, 1925, on 1-1-1996 vide succession case 1 of 1996 before civil judge, senior division, chandrapur. ..... in view of provisions of section 387 of indian succession act, 1925, it is apparent that decision of chandrapur court does not come in way of respondents in agitating these issues before wardha court in above mentioned civil suit. ..... 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 procedure. ..... (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 court-house and published in such other manner, if any, as the judge, subject to any rules made by the high court in this behalf, ..... reliance placed on the decision of this court in bank of india's case (supra) would be of no avail in as much as the observations made therein are in context of the issue that was considered by that court. ..... the petitioner in this petition under articles 226 and 227 of constitution of india is original defendant. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2006Kant60; ILR2006KAR1576; 2006(1)KarLJ270
..... indian succession act, 1865 acting under section 332 by the governor general of india in council, hassan district was not part of the mysore province and hassan was included in the mysore province subsequently in the year 1886 and further, no such notification was issued extending the exemption to the newly annexed province of mysore as such, the parties are bound by the indian succession act, 1865 and much less, after the enactment of indian succession act, 1925 ..... the notification dated 23-7-1868 exempting all native christians in the state of coorg from the operation of specified sections of indian succession act, 1865 in exercise of the authority provided to the governor general of india in council as per section 332 of the indian succession act, 1865 remains in force in full effect in view of sections 3(1) and 3(2) of the indian succession act, 1925.18. ..... per contra, learned counsel appearing for the respondent submitted that as per section 29(2) of the indian succession act, 1925 and section 24 of the general clauses act, 1897 there is a deemed extension of all regulations unless, by express terms, the same has been repealed and section 3 of the 1925 act has not expressly repealed the application of the notification, as such, there is a deemed extension and unless there is an ..... seeking for declaration to declare him as the absolute owner in possession of the suit schedule properties stating that it is his self-acquired properties and also sought for a permanent injunction. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC3270
..... or customary ; thirdly, whether an adopted son comes within the purview of 'lineal descendant' or 'lineal consanguinity' and is entitled to inherit, under section 37 of the indian succession act, 1925 (in short the act), theproperty of his adoptive parents dying intestate.51 ..... . it was also held that the evidence on record failed to establish any custom much less a custom which had received a legal recognition whereunder a child adopted by a christian for being brought up as son acquires the status and becomes entitled to the privileges of a natural son ; that the fact that ajit datt gave the name of his natural father archibald datt at a subsequent stage of his educational career and ..... . section 5(1) of the act provides that succession to the immovable property in india of a person deceased shall be regulated by the law of india, wherever such person may have had his domicile at the time of ..... may remember the events of a long time past if some function is hold or their is some special occasion like marriage or death or birth of a child in one's own family ..... and custom both recognised adoption of male child ; that family after conversion carried along with them their ancestral customary law in its secular aspects and conversion to christianity only resulted in change of the mode of worship and : that the indian christians of hindu origin have retained the custom of adopting children to themselves ..... . they can lake recourse to any mode permissible in law to ensure that the property passes to the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1962Mad450
..... general or special order authorise any subordinate judge to take cognizance of, or any district judge to transfer to any subordinate judge under his control any proceeding under the indian succession act, 1925, which cannot be disposed of by the district delegate'.the terms of the section are clear. ..... disposal by the subordinate judge of any proceeding under the indian succession act, 1925, other than those that could be disposed of by the ..... refer to the relevant statutory provisions:(6) the indian succession act, 1925 is a consolidating statute which repealed and re-enacted several statutes which dealt with succession to and protection of the property of a ..... of the madras civil courts act, 1873, all subordinate judges in the madras province have been authorised to take cognizance of any proceedings under the indian succession act, 1925, which cannot be disposed of ..... 265 of the indian succession act, 1925, all subordinate judges in the madras province have been appointed as ex officio district delegates under that enactment within the local limits of their respective jurisdiction; (2) by virtue of another notification of ..... matters which he would have no jurisdiction to do directly under the provisions of the indian succession act, 1925. ..... precise question and in the course of his judgment observed'as i said, in view of the provisions of sections 265 and 286 of the indian succession act, there can be no doubt that a district delegate is not competent to deal with a contentious testamentary .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Kerala
Reported in : 2009(1)KLJ865
..... the mode of revocation on a will as per section 71 of indian succession act, though not strictly been adhered to, there was an intention in ext. ..... varghese 1987 (1) klt 319, a division bench of this court held that caveator claiming interest in the property on the basis of adverse possession, whether he had right to notice under section 283(1)(c) of the indian succession act and negatived the contention by saying that he has no such right to be heard by a probate court. ..... kamtra devi : air1954sc280 , while dealing with the jurisdiction of the probate court under section 222 of the indian succession act, it was held by the apex court that the probate court is only concerned with the question as to whether the document put forward as the last will and testament of the a deceased person was duly executed ..... : [1993]2scr454 , was a case relating to the grant of probate after referring to section 211, 217, 222 and other relevant provisions of indian succession act, and it was held by the apex court that the probate court does not decide any question of title or the existence of the property itself. ..... as per section 273 of the indian succession act, probate or letters of administration shall have effect over all the property and estate, movable and immovable, or the deceased, throughout the state, in which the same is or are granted, and shall be conclusive as to the representative ..... the second appeal was dismissed, against which special leave was preferred before the apex court. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom189; 2000(2)ALLMR78; 2000(3)BomCR404; 2000(3)MhLj39
..... in order to have locus standi, for challenging the probate on the grounds set out under section 263 of the indian succession act, in my view, it would be pre-requisite to first establish some right in the inheritance under section 51 of the indian succession act. ..... the provisions of section 250 of the indian succession act x of 1865, and section 81 of the probate and administration act v of 1881, are that the interest which entitles a person to put in a caveat must be an interest in the estate of the deceased person, that is, there should be no dispute whatever as to the title of the deceased to the estate, but ..... am unable to accept the submission of the learned counsel for the petitioners that the provisions of section 263 can be invoked even by an individual, who does not have any right in the intestate succession of a parsi under section 51 of the indian succession act. ..... parsi intestate sue-cession is governed by section 51 of the indian succession act, which may be reproduced as follows:'51 ..... learned counsel has further submitted that the provisions of section 51 are subject to the provisions of section 263 of the indian succession act. ..... in view of section 51 of the indian succession act, they are clearly not the legal heirs of the ..... learned counsel for the respondents has submitted that before a petition for revocation can be filed, the petitioners would have to establish that they are the legal heirs of the deceased as enumerated under section 51 of the indian succession act. .....
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