Judgment Search Results Home > Cases Phrase: indian succession act 1925 section 27 persons held for purpose of succession to be similarly related to deceased Page 1 of about 1,773 results (0.394 seconds)

M. Samiullah Vs. Collector of Aligarh

Court : Mumbai

Reported in : (1946)48BOMLR439

..... under] section 6, if the government is satisfied, after considering the collector's report, that the land is needed for a public purpose or for a company (a subject dealt with in later sections of the act), a declaration to that effect has to be ..... the land to which the first appeal relates consists of twelve bighas and nine biswas, which were held by the appellant as the mutwali ..... under section 18 any person interested who has not accepted the award may by written application to the collector require him to refer the matter (which may include the amount of compensation) ..... the second appeal relates consists of one bigha which was the appellant's personal property. ..... it upon a sale of neighbouring land in which the conditions closely resembled those affecting the land to be acquired, rather than by taking an average of prices obtained on a large number of sales in which the conditions were less similar, he was entitled and bound to act upon his own view. ..... section 11 the collector has to inquire into the value of the land at the date of the publication of the notification under section 4 and into the respective interests of persons claiming compensation and to make an award of (inter alia) the compensation which in his opinion should be allowed for ..... square yards sold in such transactions and the prices paid thereon and, by striking an average reached the figure of 5 annas, 1 pie per square yard, and awarded to the appellant in respect of both his personal and wakf property a sum of rs. .....

Mr.Noel Dominic PereirA. Vs. Mrs.Pamela Ethel Kuhn and ors.

Court : Mumbai

..... persons held for purpose of succession to be similarly related to deceased. ..... under section 27(b) of the indian succession act, 1925 (the act), such blood relationship may be by full blood or half blood. ..... if the child has no relationship with the deceased by blood, full or half, he would not be entitled to be called an heir and consequently, to succeed to his estate.4.it has been similarly held under the hindu succession act that sons do not include step-sons. ..... consequently, he is not an heir under any of the provisions of the indian succession act and consequently, citation need not have been served upon him and the caveat sought to be filed by him is liable to be dismissed.6.hence the notice of motion is made absolute in terms of prayer (a). ..... the succession to the estate of john was to be determined under section 37 of the act on the premise that john had left no child through any blood relationship as required under section 27 of the act. ..... that relationship by blood with the deceased may be by full blood or by half blood under section 27(b) of the act which runs thus:27. ..... consanguinity, lineal or collateral under sections 25 and 26 of the act run thus:-25.linealconsanguinity. ..... the court considered the term kindred or consanguinity under section 24 of the act. ..... margaret merwan, air 1991 bombay 389 that the step daughter is not a child within the meaning of section 37 of the act. ..... section 24 runs thus:-24.kindred or consanguinity. .....

Dhyan Chand Vs. Smt. Savitri Devi and ors.

Court : Himachal Pradesh

Reported in : AIR1998HP37

..... execution and proof of the will is concerned, section 63(c) of indian succession act, 1925 deals with the same and for ready reference the same is reproduced hereinbelow :--'63. ..... facts of that case, the learned judge was of the view that unless it was shown by sufficient evidence that the person putting his signatures signed it for the purpose of attesting it or certifying that he has received from the executant a personal acknowledgment of his signatures, he cannot be regarded as an attesting witness. ..... 1 on the basis of the will propounded by her, then his client would be rendered homeless, this can never be said to be intention of his deceased-father as it has come on record that the plaintiff was living separate in his house which stands on the land in question since the time of his ..... , one of the marginal witnesses was not happily placed with them and he did not participate in the marriage of dhyan singh-defendant, although she has further gone on record to say that their relations with karam chand are cordial for 7/8 years since the time will was executed. ..... besides this, looking to the tenor of the statement of dw 2, it would be safe to held that besides being scribe, his statement can be as an attesting witness and submissions to the contrary made on behalf of the plaintiff do not hold the field and are accordingly ..... similarly, section 68 of the indian evidence act, 1872 mentions about the proof of the execution of a document required by law to be attested which is to the .....

Madanlal Chakraborty Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (2004)3CALLT616(HC),2004(4)CHN193

..... of his will or letters of administration of his estate or succession certificate granted under the indian succession act, 1925 (39 of 1925) is not, within three months of the death of the depositor, produced to the secretary of the government savings bank in which the deposit is, then-(a) if the deposit does not exceed such limit as may be prescribed, the secretary may pay the same to any person appearing to him to be entitled to receive it or to administer the estate of the deceased, and(b) within the limit prescribed under clause ..... such sections are in relation to deposits belonging to the estate of deceased persons. ..... sections 4, 4a and 5 of the aforesaid act are relevant for the purpose of due consideration. ..... in normal circumstances, such near relations are beneficiaries by following the rule of succession. ..... such legal necessity is required to be answered once for all, otherwise a dispute in the similar circumstances will affect perpectually and each and every point of time, the court of law will be over-burdened with such type of litigations. ..... the court of first instance totally misconstrued the law and held that the plaintiffs could not get anything in respect of the deposits. ..... it is a common feature that near relations are made nominees and/or joint-holders so that there cannot be any embargo to the nominees and/or joint-holders to withdraw the amounts from the bank, post office etc. ..... but, such rule relates to operation of the account can not decide the title of the corpus. .....

Atanu Ranjan Ghosh Vs. Arup Ranjan Ghosh

Court : Kolkata

Reported in : AIR2009Cal76,(2008)3CALLT445(HC),2008(3)CHN987

..... in this country, the interest of a deceased devolves upon his heirs and legal representatives in two ways, either by natural succession according to the law of succession to which the deceased belongs or by way of testamentary succession as provided in the indian succession act, 1925. ..... (2) no transfer or charge of his share or interest by a member of a cooperative society with unlimited liability shall be valid unless(a) he has held such share or interest (save in the case of transfer under sections 80, 81, 83 or 84) for not less than one year; and(b) the transferee or the mortgagee is either a member of such co-operative society or a person whose application for membership has been accepted by any other co-operative society. ..... (5) every member of a co-operative housing society in whose favour a plot of land or a house or an apartment in a building has been allotted shall have the right to use the common areas and facilities as aforesaid for the purpose for which they are intended without interfering with or encroaching upon the lawful rights of other members in whose favour similar allotment has been made. ..... (6) the work relating to the maintenance, repair and replacement of the common areas and facilities (including additions or improvements thereto) shall be carried out in accordance with the by-laws of the co-operative housing society and the building rules of the .....

The General Accident Fire and Life Assurance Corporation, Ltd. Vs. Jan ...

Court : Mumbai

Reported in : (1941)43BOMLR346

..... it was held that section 292 of the indian succession act, 1925, which provides for the assignment of administration bonds, does not deal only with the procedure in case of assignment, but confers substantive rights, and that it provides a new starting point of time for the purpose of limitation and the assignee acquires by virtue of the assignment a fresh and independent cause of action, and that limitation would run from the time the ..... and of no effect if havabai(1) should make or cause to be made a true and perfect inventory of the property and credits of the deceased which had or should come to her hand possession or knowledge or to the hands or possession of any other person or persons for her and should exhibit or cause to be exhibited to the high court such inventory on or before november 14, 1925;(2) should well and truly administer such property and credits according to law;(3) should make or cause to be made a true and ..... it seems equally impossible to suggest that the condition of the bond could be broken by the administratrix by the default of some person in relation to the estate of the intestate after the original letters of administration had ceased to have any operation by reason of the death ..... havabai being a pardanashin lady is desirous of appointing a fit and proper person to be her attorney to act for her in all matters relating to the estate of abdul rahim jaffer allarakhia. ..... that case related to a similar bond, similarly assigned, and the appellate court, sir .....

Jose Paulo Coutinho Vs. Maria Luiza Valentina Pereira .

Court : Supreme Court of India

..... the high court 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 ..... 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 ..... 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. ..... the estate (hereditas), which passed in roman succession was the sum of all the rights and duties of the deceased person (persona) except for his political, social and family rights which were ..... similarly, for muslims within the state of goa, civil code would apply and outside goa, the muslim personal law (shariat) application act ..... the application of any such law in relation to the administration of goa, daman and diu as a union territory and for the purpose of bringing the provisions of any such law into accord with the provisions of the constitution, the central government may within two years from the appointed day, by order, may (sic ..... stage, it would be pertinent to mention that in the meantime, a similar question was referred to a division bench of the bombay high court, goa ..... similar is ..... similarly, we have .....

P. Mani Alias P. Balasubramaniam Vs. P. Viswanathan (Deceased) and ors ...

Court : Chennai

Reported in : 2008(2)CTC831; (2008)4MLJ1199

..... succession act (1925), section 63 will - execution - genuineness - testator not making proper provision for his wife and sister depending on him - propounder getting sole benefit under the will subject to maintenance of testator's wife and sister - propounder taking part in execution of will - signature of testator not appearing to be his usual signature - testator in habit of signing blank papers - signature of testator not in same ink and not with same pen with which body of will was written - held ..... similarly, sections 59 and 63 of the indian succession act ..... as a matter of fact, p.w.2-kuppusamy and the second attesting witness palani and the third attesting witness rajendran are only interested persons [p.w.2 residing opposite to p.w.1's house, rajendran, the attestor working as checking inspector in the transport corporation and other attestor, ..... , he is filing the registration copy of the will-ex.p.1 and ex.p.2 is the paper publication in regard to the missing of the original will and that his last brother muthusamy died on 09.01.80 and his deceased brother share, to be inherited by his mother was bequeathed in the will and his mother also filed a suit in c.s. no. ..... appellant/plaintiff in his evidence has deposed that he availed the leave on 17.09.1986 for the purpose of visiting his village, his evidence is hardly to be believed, in the ..... suspicious circumstances the court would grant probate, even if the will might be unnatural and might cut off wholly or in part near relations. .....

Bhai Analijit Singh Vs. Mitsui and Co. Ltd. and ors.

Court : Delhi

Reported in : AIR2009Delhi75

..... : [1988]2scr606 the supreme court, after extracting section 306 of the indian succession act, 1925, held that:.the words 'personal injuries' do not mean 'injuries to the body alone but all injuries to a person other than those which cause death and that the relevant words must be read ejusdem generis with the words 'defamation and assault' and not with ..... section 306 of the succession act, 1925, lays down the causes of action that do not survive against his executors or administrators after the death of a person ..... provisions of section 306 of the succession act would apply in the instant case which are founded on the ..... on this basis the supreme court firmed up the legal principle as under:the maxim of action personalis cum moritur persona has been held inapplicable only in those cases where the injury caused to the deceased person has tangibly affected his estate or has caused an accretion to the estate of the wrong-doer....xxxxxif the entire suit claim is founded on ..... that it was settled position in law that right to sue for tort survives only (i) in case of a deceased plaintiff, if the estate has thereby suffered damage; and (ii) in case of a deceased defendant, if there has thereby been benefit or accretion to the ..... on torts and partly on contract then such part of the claim as relates to torts would stand abated and the other part would survive.... 13. ..... proper parties to the suit for the purpose of effectively adjudicating the disputes between ..... elsewhere also, similar allegations are .....

Sarabjeet Kaur Vs. Gurmeet Kaur

Court : Punjab and Haryana

Reported in : (2009)153PLR408

..... similarly, section 63 of the indian succession act, 1925 clause-c provides that the will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgement of his signature or mark, or the signature of such other person; and each of the witnesses shall sign the will ..... , ist grade, in favour of the present defendant sarbjeet kaur for the above said total land measuring 92 kanals 9 marlas relating to jai singh alias hardam singh (since deceased) is wrong, incorrect, against law and facts, null and void, inoperative ineffective on the rights of the plaintiff and as such the same is liable to be ignored and liable to be corrected in favour of the plaintiff to the ..... at least has been called for the purpose of proving its execution, if there be an attesting witness alive and subject to the process of the court and capable of giving evidence.provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the indian registration act, 1908 (16 of 1908), unless its execution by the person by whom it purports to ..... the aforesaid, adoption deed ex.d-1 is proved to be illegal and it is held that the defendant has not been legally adopted by jai singh vide ex.d-1.11. .....