Judgment Search Results Home > Cases Phrase: indian succession act 1925 section 155 ademption pro tanto by testator s receipt of part of entire thing specifically bequeathed

Kariyamma Vs. Assistant Commissioner and Land Acquisition Officer

Court : Karnataka

Reported in : ILR1992KAR2807

..... that the executing court should not proceed with the execution unless the persons claiming to be legal representatives of the original decree holders produce the succession certificate,in the indian succession act, 1925 by p.l. paruck, fifth edition by sri j.l. joshi 1966, on page 457, it is held as -'this sub- ..... consideration:point no. 1) whether it is mandatory for the legal representative/legal representatives of deceased decree-holder to produce succession certificate as envisaged under section 214 of indian succession act, 1925, in cases where they initiate execution proceedings in the first instance as claiming himself or herself or themselves as legal representatives ..... on succession to the estate of the deceased-holder?point no. 2) whether in cases where the legal representatives come on .....

Smt. Kariyamma and Others Etc. Vs. the Assistant Commissioner and Land ...

Court : Karnataka

Reported in : AIR1993Kant321; 1992(3)KarLJ573

..... clear enough to show that the executing court should not proceed with the execution unless the persons claiming to be legal representatives of the original decree-holders produce the succession certificate.in the indian succession act, 1925 by p.l. paruck, fifth edition by sri j. l. joshi 1966, on page 457, it is held as -'this sub-section prohibits the courts from proceeding to ..... decree holder veeranna.2. two important points have arisen for consideration. point no. 1) whether it is mandatory for the legal representative/legal representatives of deceased decree-holder to produce succession certificate as envisaged under section 214 of indian succession act, 1925, in cases where they initiate execution proceedings in the first instance as claiming himself or herself or themselves as legal representatives on .....

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

Court : Supreme Court of India

Reported in : AIR1956SC747; [1956]1SCR591

..... mistry having attested the will, the bequest made to her was void in view of the provisions of section 67 of the indian succession act. iii) that under the law of succession applicable to parsis, namely section 56 of the indian succession act read with schedule ii, part 2, the plaintiffs were not the heirs of the deceased and were not entitled to maintain the ..... use and benefit absolutely and forever'. it was held by a single judge that neither the rule in shelley's case nor section 131 of the law of property act, 1925, which abolished that rule, had any application to the bequest and that the widow was entitled to an absolute interest in the residuary estate of the testator. we ..... are, 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 his judgment vaisey, j. said that .....

Viyyumma and ors. Vs. Official Liquidator

Court : Kerala

Reported in : [1999]98CompCas571(Ker)

..... only to the duly qualified person after hearing objections if any received in that behalf. there is no warrant for by passing such procedural safeguards made under the indian succession act. it is also seen from rule 280 of the companies (court) rules that a power is given to the official liquidator if he is satisfied about the ..... deceased or to the estate of the deceased within the meaning of section 214 of the indian succession act. the certificate given by the tahsildar is at best a certificate to the effect that the claimants are the wife and children of the deceased. that cannot ..... the administrator-general.3. obviously, this is a debt due to the deceased which is claimed by his representatives. section 214 of the indian succession act is clearly attracted. that section clearly provides that a succession certificate has to be produced to establish representation. there has also to be a determination that this is a debt due to the .....

Binod Sahu and anr. Vs. Smt. Chandrama Sahu and ors.

Court : Orissa

Reported in : AIR2003Ori11; 93(2002)CLT659; 2002(II)OLR62

..... disclosed her whereabouts, which throws a cloud of suspicion. the evidence adduced by them is also very shaky.the inquiry in a proceeding initiated under the indian succession act, 1925 is summary in nature and the court can dispose of the petition without determining the law or facts which seem to it to be too intricate ..... a.s. naidu, j.1. this is an appeal filed under section 384 of the indian succession act, 1925 (hereinafter referred to as 'the act'), inter alia, challenging the order passed by the civil judge, senior division, angul under section 372 of the act in succession misc. case no. 14 of 1998.2. bereft of all unnecessary details, the short ..... of the amount so realised in accordance with the rights of the persons who are entitled to it.part-x of the indian succession act comprising of sections 372 to 384 deals with issuance of succession certificates. the sections require that the question arising under this part should be determined by summary proceeding. by summary proceeding, .....

H.V. Veerabhadraiah Vs. H.S. Kanteeravachar and Others

Court : Karnataka

Reported in : AIR2001Kant171; 2001(4)KarLJ31

..... relation to execution of money decree i.e., decree for the recovery of money. it will be appropriate at this juncture to quote section 214 of (the indian) succession act, 1925 in extent '214. proof of representative title a condition precedent to recovery through the courts of debts from debtors of deceased persons.--(1) no court shall- ..... -section (1) includes any debt except rent, revenue or profits payable in respect of land used for agricultural purposes'.12. the expression in section 214 of (the indian) succession act, 1925, when we take clause (a) of sub-section (1), or clause (b) the material expression used therein is for payment of his debt, or expression decree ..... debt or execution of decree for back payment of the debt amount. in this view of the matter, in my opinion, section 214 of (the indian) succession act, 1925 does not apply and the trial execution court rightly rejected the objections of the judgment-debtor. it might have been that this objection was rejected on different .....

Smt. Jagat Nandini and anr. Vs. Inder Pal

Court : Allahabad

Reported in : [1986]60CompCas272(All)

..... son impleaded as appellant no. 2, namely, yogesh kumar. he also left four daughters. on or about august 1, 1975, an application for succession certificate under section 372 of the indian succession act, 1925, was made by smt. jagat nandini, appellant no. 1, for herself and as guardian for appellant no. 2 (yogesh kumar). in the ..... him for revocation is not covered under any of the clauses of section 383 of the indian succession act, 1925, and that yogesh kumar, who, too, was a nominee under the policy, was as well an applicant for the succession certificate. from the side of the respondent it has been argued that the person entitled ..... son of dina nath sachan, was a co-nominee along with inder pal. succession certificate was granted in favour of the applicant on december 23, 1976. the respondent applied thereafter under section 383 of the indian succession act, 1925, for revocation of the succession certificate. this application of the respondent has been allowed under the impugned order dated .....

Vishalakshi Vs. Bank of India

Court : Kerala

Reported in : AIR2006Ker255; 2006(2)KLT488

..... 29988/57/hd. dated, trivandrum, 31st january 1958in exercise of the powers conferred by sub-section (ql) of section 388 of the indian succession act, 1925 (act xxxix of 1925), and in supersession of all previous notifications investing courts of subordinate judges with power to exercise the functions of a district judge under part x ..... certificate and extended certificatein the court of to a.b.whereas you applied on the...day of...for a certificate under part x of the indian succession act, 1925, in respect of the following debts and securities, namely: debtsserial no. name of debtor amount of debts, description andincluding interest, date of ..... her husband karunakaran had predeceased her as evidenced by ext. a1 death certificate. part x of the indian succession act, 1925 (hereinafter referred to as 'the act' for short) starting from sections 370 to 390, deals with succession certificate. sub-section 1 of section 370 reads as follows:370: restriction on grant of certificates under .....

Bilquis ZakiuddIn Bandookwala and Others Vs. Shehnaz Shabbir Bandukwal ...

Court : Mumbai

..... to proof, but in that court where it is relied upon itself.21. it is contended by mr. ahmed on behalf of the plaintiff that under section 213 of the indian succession act, 1925, the defendant as legatee cannot establish her right as such in any court unless she had probated the will that she has propounded even though she is a mohammedan because ..... be free from the restrictions contained in the indian succession act with respect to the application of the indian succession act to him as a mohammedan. the section relates to the succession of the properties of the persons married under the act and to the properties of the issue of such marriage. that succession is notwithstanding any restrictions contained in the indian succession act, 1925. hence sections setting out restrictions upon the communities .....

Roshan Bai Vs. Dharam Chand

Court : Rajasthan

Reported in : 1976WLN(UC)102

..... but at the same time the learned district judge ought to have required dharam chand to furnish security under section 375 of the indian succession act. it may be mentioned her that under section 375(1) of toe indian succession act, she district judge is bound to require as a condition precedent to the grant of a certificate that the person to whom ..... 20-1-67 in udaipur. after her death, two claimants, mst. roshan bai and dharam chand, filed two separate applications for the grant of succession certificate under section 372 of the indian succession act. mr roshan bai claimed herself to be the nearest heir on account of her being the disputer of tile deceased. dharam chand set up a will ..... it on prima facie grounds and grant a certifies e to the person best entitled to and take security us provided in section 375 of the indian succession act. the learned district judge on consideration of the evidence led by the parties has prima facie found dharam chand to be the person best entitled to the .....