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Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others

Court : Allahabad

Reported in : 2000(4)AWC3270

..... . statutory 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 ..... . in my opinion, therefore, adopted son of an indian christian of hindu origin will come within the purview of 'lineal descendant' or lineal consanguinity' and shall be entitled, under section 37 of the indian succession act, 1925 ..... . is concerned, intestate succession of indian christians is governed by the provisions contained in indian succession act, 1925 and any custom prevalent in the state in this regard would, for the purpose of succession be irrelevant ; that right to succeed to the property left by maud datt is governed not by alleged custom set up by ajit datt but is governed by the provisions contained in indian succession act ; that under the provisions of the said act a child adopted by a person for being brought up as a son does not inherit the property left by him : ..... ethel walters filed a petition in the high court on 13.5.1981 under sections 218 and 278 of indian succession act (hereinafter referred to as the act) for grant of letters of administration of the movable and immovable properties, credits and assets of maud datt as she had died intestate and issueless. .....

b.c. Singh (D) by Lrs. Vs. j.m. Utarid (D) by Lrs.

Court : Supreme Court of India

..... therefore, the indian succession act, 1925 (for short the act ) would be applicable to the succession of the property left by her ..... collateral consanguinity is between two persons connected by a line which is not a straight line.13 ..... 6 collateral consanguinity. ..... sections 25 and 26 classify lineal consanguinity and collateral 12 ..... section 24 defines kindred or consanguinity, which is as under:- kindred or consanguinity. ..... (2) for the purpose of ascertaining in what degree of kindred any collateral relative stands to a person deceased, it is necessary to reckon upwards from the person deceased to the common stock and then downwards to the collateral relative, a degree being allowed for each person, both ascending and ..... thus lineal consanguinity is that between two persons connected in one straight line whether descending or ascending, drawn from the ..... - (1) lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather and great-grandfather, and so upwards in the direct ascending line, or between ..... would succeed half of the share in the property held by her as provided under section 33(b) read with section 35 of the act. ..... consanguinity is that which subsists between two persons who are descended from the same stock or ancestor, but neither of whom is descended in a direct line from the ..... consanguinity is the connection or relation of persons descended from the same stock or common .....

Kariyamma Vs. Assistant Commissioner and Land Acquisition Officer

Court : Karnataka

Reported in : ILR1992KAR2807

..... 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. ..... the wordings in section 214(b) of the indian succession act are 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. ..... i am of the view that to give effect both to the substantive purpose of part x of the indian succession act and also the clear language of section 214(1)(b) of the indian succession act that it is mandatory that the legal representatives of the deceased decree-holder must obtain succession certificate before realising the decretal amount due to deceased decree-holder in an execution proceedings irrespective of the fact whether the legal representatives initiate execution proceedings at first instance or they come on record during the pendency of .....

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

Court : Karnataka

Reported in : AIR1993Kant321; 1992(3)KarLJ573

..... 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 decree-holder.point no. ..... the wordings in section 214(b) of the indian succession act are 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. ..... i am of the view that to give effect both to the substantive purpose of part x of the indian succession act and also the clear language of section 214(1)(b) of the indian succession act that it is mandatory that the legal representatives of the deceased decree-holder must obtain succession certificate before realising the decretal amount due to deceased decree-holder in an execution proceeding irrespective of the fact whether the legal representatives initiate execution proceedings at first instance or they come on record during the pendency of .....

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

Court : Supreme Court of India

Reported in : AIR1956SC747; [1956]1SCR591

..... 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 ..... 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 ..... 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 ..... 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 ..... , 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 .....

Viyyumma and ors. Vs. Official Liquidator

Court : Kerala

Reported in : [1999]98CompCas571(Ker)

..... that can be issued to the liquidator is the one to pay out the amounts to the applicants on their producing a succession certificate in terms of section 214 of the indian succession act or if permissible a certificate from the administrator-general under the relevant act. ..... to be a determination that this is a debt due to the deceased or to the estate of the deceased within the meaning of section 214 of the indian succession act. ..... section 214 of the indian succession act ..... moreover, the indian succession act and the rules framed thereunder provide for a procedure to be followed before the issuance of a succession certificate so as to ensure that the representation is given only to the duly qualified person after hearing objections if any received ..... warrant for by passing such procedural safeguards made under the indian succession act. ..... , has been produced certifying the fact that the applicants are the wife and children of the deceased and in the light of that certificate, there is ample power in this court under section 555(7) of the companies act to disburse the amount even without insistence on production of a succession certificate or a certificate from the administrator-general.3. ..... this also indicates that the proper course to adopt is to insist on the production of a succession certificate, or a certificate from the administrator-general in appropriate cases, before orders are made for payment out of amounts ..... that section clearly provides that a succession certificate has to be .....

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

Court : Karnataka

Reported in : AIR2001Kant171; 2001(4)KarLJ31

..... in paragraph 15 of the said report, their lordships observed that in our view the word 'debt' in the said prohibitory order is used in the first and the second sense with reference to section 214(1)(a) and (b) of (the indian) succession act, 1925, the expression used is payment of his debt, or the expression for payment of his debt appears to cover the suits for payment of debt in the sense of liability to pay liquidated certain sum of money that is owed by the ..... 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. ..... 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 or order for the payment of his debt. ..... as per the language of section 214 of (the indian) succession act, 1925 it applies only in the matter of cases where the suit is filed for the recovery of money seeking decree for payment of debt, or it applies to cases in relation to execution of money decree i.e. ..... section 214 of (the indian) succession act, 1925, as held by the division bench of this court relied, no doubt, requires the filing of probate and succession certificate by the heirs of the deceased decree-holder. .....

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

Court : Orissa

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

..... 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. ..... 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 and difficult for determination. ..... the certificate holder, however, has to dispose 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. ..... thus, where the court feels that the question involved is not capable of decision in summary proceeding under the indian succession act, it can leave the parties to establish their rights in a regular suit. ..... while investigating into an application under the indian succession act, the court need not determine definitely and finally as to who has the best right to the estate of the deceased. ..... bereft of all unnecessary details, the short facts which are necessary for effectual adjudication of the inter se disputes are as follows :the widow and two daughters of late kumar sahu filed a petition under section 372 of the act praying for issuance of the succession certificate. .....

Smt. Jagat Nandini and anr. Vs. Inder Pal

Court : Allahabad

Reported in : [1986]60CompCas272(All)

..... about august 1, 1975, an application for succession certificate under section 372 of the indian succession act, 1925, was made by smt. ..... also urged that the application made by 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. ..... thereafter under section 383 of the indian succession act, 1925, for revocation of the succession certificate. ..... the veracity or otherwise of these averments, suffice it to say that this cannot constitute one of the grounds for revocation of the succession certificate as is manifest on a perusal of section 383 of the indian succession act, 1925. ..... this application of the respondent has been allowed under the impugned order dated january 17, 1978, passed by the second civil judge, kanpur, whereas in modification of the succession certificate earlier granted, the court directed that the respondent is entitled to one-half of the decretal amount and has also required the life insurance corporation to pay the amount under the ..... had to the above, in my opinion, the order made by the court below whereby succession certificate granted on december 23, 1976, was revoked impugned in appeal is incapable of being sustained ..... clauses thereunder can be said even remotely to enable the respondent to seek revocation of the succession certificate, which has been issued in favour of the appellants. .....

Vishalakshi Vs. Bank of India

Court : Kerala

Reported in : AIR2006Ker255; 2006(2)KLT488

..... 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 of the said act, the government of kerala hereby invest all courts of subordinate judges in the state with power to exercise the functions of a district judge under part x of the act within the local limits of their respective jurisdiction ..... exercise of the powers conferred by sub-section (21) of section 388 of the indian succession act, 1925 (act xxxix of 1925) and in supersession of all previous notifications investing courts of munsiffs with power to exercise the functions of a district judge under part x of the act, the government of kerala hereby invest all courts of munsiffs in the state with power to exercise the functions of a district judge under part x of the act within the local limits of their respective ..... indian succession act, 1925 (hereinafter referred to as 'the act' for short) starting from sections 370 to 390, deals with succession ..... in this appeal filed under section 384 of the indian succession act, 1925 the petitioner who is the sole legal ..... forms of 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. .....