Judgment Search Results Home > Cases Phrase: indian succession act 1925 section 27 persons held for purpose of succession to be similarly related to deceased Court: orissa Page 1 of about 33 results (0.181 seconds)

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

Court : Orissa

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

..... 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. ..... 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. ..... 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. ..... 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. ..... the court can grant succession certificate to the person who appears to have prima facie the best ..... angul declared the petitioners (respondents) as the legal heirs and successors of late kumar sahu and held that they were entitled to the property left by deceased kumar sahu. ..... the grant of a succession certificate, to a person does not give him an absolute right to the debt nor does it bar a regular suit for adjustment of the claims of the heirs inter .....

Smt. Saudamini Das and ors. Vs. State of Orissa

Court : Orissa

Reported in : 85(1998)CLT524

..... since provisions of order 33 are applicable to proceedings for grant of probate, letters of admnistration as well as issuance of succession certificate, as held by various decisions, there is no reason as to why the benefit of a notification issued under section 35 of the court-fees act exempting a particular class of persons from paying the court-fee would not be applicable to a proceeding for grant of probate, letters of administration or issuance of succession certificate. ..... the trial court has opined that as per the provisions contained in sub-section (1) of section 379 of the indian succession act, an applicant is required to deposit 'a sum equal to the 'fee' payable under the court-fees act and as per the provisions contained in sub-sections (2) and (3), the sum deposited is to be expended in the purchase of the stamp and, if any sum is not expended, the same is to be refunded. ..... though a miscellaneous proceeding started for the purpose of grant of succession certificate is not a 'suit', there is no doubt that it is a civil proceeding to which relevant provisions of the code of civil procedure are attracted by virtue of section 141 of the code. ..... shaktikumar kalikakumar), it was categorically held that all the provisions which relate to the levying of court-fee on a probate apply in the matter of levying court-fee on a succession certificate. ..... similar views have been expressed in the decisions reported in air 1955 mysore 128 (m.c. .....

Kamal Krushna Murty Patra (Dead) After Him, His L. Rs. Kamala Mohalaxm ...

Court : Orissa

Reported in : 1992(I)OLR598

..... as required under section 379 of the indian succession act, he deposited the amount for expending the same for collection of court-fee. ..... trial court is directed to reconsider the question on the facts and circumstances before it in the light of section 379 of the indian succession act.6. ..... in view of the aforesaid position, trial court is required to consider each stage of the application to consider whether legally the amount would have been expended as provided under section 379(2) of indian succession act. ..... in case, such an amount could not have been expended, since it depends upon the succession certificate being allowed, petitioner would be entitled to refund of the amount.5. ..... hence, the stage of the application for succession certificate would be the governing factor for refund. ..... petitioner applied for a succession certificate. ..... this court has set aside the order and directed the trial court to reconsider the question of grant of succession certificate afresh. ..... no one should be permitted to suffer for action of court in case he has not attracted legal liability.4. ..... trial court held that the same cannot be refunded which is grievance of petitioner.3. ..... after compromise, petitioner prayed for refund of the money deposited. .....

Amitav Ray Vs. Ashok Kumar Ray and anr.

Court : Orissa

Reported in : AIR1981Ori109; 51(1981)CLT327

..... counsel for the appellant contends that the suit being under the indian succession act and for grant of letters of administration, it cannot be treated as a properly constituted suit under the code of civil procedure and, as such, the provisions of the code of civil procedure relating to ..... respect to the same subject-matter between the appellant and the deceased respondent; (b) when the appellant could not have brought the action for the necessary reliefs against those respondents alone who are still before the court and (c) when the decree against the surviving respondents, if the appeal ..... can proceed with the appeal in absence of one of the respondents who was a party in the court below because the appeal is incomplete.under the indian succession act, general citations is well as special citations are issued and the special citations are in respect of persons who are necessary parties. ..... nathu ram, air 1962 sc 89, and it has been held that courts will not proceed with an appeal (a) when the success of the appeal may lead to the court's coming to a decision which will be in conflict with the decision between the appellant and the deceased respondent and therefore which would lead to the court's passing a decree which will be contradictory to the decree which had become final with ..... fact that the case for grant of letters of administration is registered as a suit by virtue of section 141 c. p. c. .....

Srimati Banani Pattanaik Vs. State of Orissa

Court : Orissa

..... bibi and others, 2003 (ii) olr-215 has no application to the case of the petitioner as that decision relates to the point as to whether a person would be exempted from payment of court fees while applying for grant of succession certificate under sections 372 and 379 of the indian succession act, pursuant to the government notification not s.r.o. ..... citations relied upon by the learned counsel for the respective parties and after going through the various provisions of the court fees act and provisions of the indian succession act, the irresistible conclusion would be unlike an application for a succession certificate and in absence of any provision like section 379 of indian succession act, the court fee required to be paid under entry not ii of the first schedule of orissa court fees act (amendment act), 1958 is a court fee payable for filing an application for probate or grant of letters of ..... b.k.misra,j.the petitioner while presenting an application under section 276 of the indian succession act seeking probate of the will prayed in test case no.10 of 2011 in the court of learned district judge, cuttack for exemption from payment of court fees as duty money contending that she being a woman is exempted from payment of court fees on the basis of the government of orissa notification vide ..... similarly, section 19-e of the court fees act speaks about the realization of appropriate court fee with penalty, where too low a court fee has been paid on an application for probate of .....

Rajkishore Panda and anr. Vs. Haribandhu Mahala and ors.

Court : Orissa

Reported in : AIR1973Ori81

..... on 22-12-1967, an application under section 276 of the indian succession act for probate of the aforesaid will was filed by haribandhu mahalla and gadadhar dixit implending sri ganesh jew thakur through the two marfatdars as opposite parties ..... section 284 of the indian succession act provides for lodging caveat against grant of probate and courts havetaken the view that the bare possibility of an interest is sufficient to entitle a party to oppose a testamentary ..... under section 289 of the indian succession act stands ..... mohanty contended that the application was made under order 9, rule 13 of the code of civil procedure and the learned trial judge was not justified in treating the same as one under section 263 of the indian succession act. ..... section 222 of the indian succession act provides :--'(1) probate shall be granted only to an executor appointed by the ..... of 68 and though made under order 9, rule 13 of the code of civil procedure, was treated as one under section 203 of the indian succession act. ..... the indian succession act makes separate provisions for letters of administration and ..... the appellants have contended that they being relations of the testator were entitled to notice of the probate proceeding and citation should have been issued calling upon them to come and see the proceedings before grant of probate ..... many provisions are common or even similar, but the statute maintains clear, distinction between the two and in respect of many features the provisions are different .....

Balaram Tripathy and anr. Vs. Lokanath Tripathy

Court : Orissa

Reported in : AIR1973Ori112

..... b) has not been probated under section 213 of the indian succession act, and accordingly it has been held that no right can be based on that document in other words, the document is inadmissible in evidence ..... the first is that this section 213 of indian succession act, does not apply and reliance has been placed to sub-section (2) of section 213 and section 57(a) of the indian succession act. ..... this view would be correct provided section 213 of indian succession act applies.mrs. ..... does not come within the clauses of wills enumerated in section 57 (a) or (b) of the indian succession act. ..... the relevant rules i are extracted herein below:'the provision of indian succession act shall apply mutatis mutandis to all testamentary bequests in the state subject to the following conditions:-- ..... the second line of argument is based on the rules relating to succession, transfer, leases, relinquishment of lands and mutation of names which were in operation in dhenkanal at the time of execution of ex. b i.e ..... b is inadmissible in evidence whether it be treated as deed of gift or as a will as a deed of gift it is not admissible for want of registration and as a will it is also inadmissible for want of probate; (ii) defendant's father died some time in 1925-26; (iii) ex. ..... these and similar other expressions found in this document unequivocally indicate that some properties were divided by metes and bounds, some were kept joint and partition by metes and bounds of some properties postponed to a future date .....

Smt. Kadambini Singh Vs. Lokanath Singh and ors.

Court : Orissa

Reported in : 1995(II)OLR200

..... aggrieved by the order of the learned subordinate judge, first court, cuttack refusing to grant probate of the will in her favour, the appellant kadambini singh has filed this appeal under section 299 of the indian succession act, 1925. 2. ..... to be proved like any other document except as to the special requirements of attestation prescribed by section 63(c) of the indian succession act, 1925. ..... that the appellant being the testatrix's sister's daughter is a heir coming under (iv) of class ii of the schedule to the hindu succession act, 1956 and by the will the testatrix having not changed the natural course of succession, there is no scope to doubt the claim put forth by the appellant.7. ..... that the appellant being nila-mani's sister's daughter is one of the class ii heirs under the hindu succession act, 1956 and by executing the will the testatrix has not changed the natural course of succession. ..... the reason or explanation offered for getting the will registered at the residential house of pw 3 is not at all acceptable in view of the admission of the husband of the appellant that the testatrix was personally going to courts in connection ..... second attesting witness, deposed that on the date of execution, of the will, she went to the house of the appleant for treatment of her son who was suffering from dysentery and was requested to attest the will. ..... of such categorical and unequivocal evidence the learned subordinate judge has rightly held that nilamani, the testatrix was literate.9. .....

Karunakar Rout Alias Thatei Vs. Golak Behari Biswal and anr.

Court : Orissa

Reported in : AIR1995Ori110; 78(1994)CLT397

..... properties was itself the consideration for the compromise of the dispute relating to adoption and hence it has to be held that the compromise decree did not require any registration since such properties referred to in agreement would be considered as inseparatable consideration of the compromise and to be regarded as the subject matter of suit for which it does not require any registration in view of the section 17(2)(vi) of the indian registration act, and (4) that the plaintiff was not entitled to therelief under section 22 of the hindu succession act. 4. ..... all his rights in respect of homestead and twelve annas share into other land he inherited from his father in favour of d.3 in respect of those properties plaintiffs right of preferential purchase has lost in respect of these properties in view of section 22 of hindu succession act, 1956. ..... now the other question that arises is that if the plaintiff was entitled to the right of preferential purchase of the share and property inherited by d.3 because of section 22 of the hindu succession act. ..... natural father had acquired right with property of his adoptive father and had relinquished his interest in the entire homestead of the deceased adoptive father and while keeping only four annas interest in the other land, had relinquished the balance in favour of the adoptive mother as a consideration for the settlement of dispute between him and her adoptive mother regarding adoption the agreement therefore was a binding one and was not .....

Hasina Bibi Vs. Amurat Bibi and ors.

Court : Orissa

Reported in : AIR2003Ori205; 96(2003)CLT241; 2003(II)OLR215

..... similarly, article 12 of schedule-i prescribes the quantum of fees payable on an application for grant of succession certificate under the indian succession act, 1925. 5. ..... she has made an application under section 372 of the indian succession act, 1925 for grant of succession certificate to the learned civil judge (senior division), first court, cuttack (vide misc. ..... petitioner's application made under section 372 of the indian succession act, 1925 for grant of such succession certificate is pending in the court. ..... state of orissa, 85 (1998) clt 520 has held that the fee payable under article 12 of schedule-i of the court-fees act, 1870 not being a fee for the purpose of filing or instituting a case for grant of certificate, it is not covered by the said notification. ..... 575/94- in exercise of the powers conferred by section 35 of the court fees act, 1870 (vii of 1870) the state government do hereby remit in the whole of the state of orissa all fees mentioned in schedules-i and ii to the said act payable for filing or instituting cases or proceedings in any court in orissa by the following categories of persons, namely :(i) ...........(ii) ........... ..... so far as the case relating to the grant of succession certificate, is concerned, the question of payment of court fee arises only after termination of the proceeding in favour of the applicant. .....