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 4 of about 1,773 results (0.662 seconds)

Ratan Kumari Tholia Vs. Sunder Lal Tholia and ors.

Court : Kolkata

Reported in : AIR1959Cal787

..... the provisions of this section shall not apply to an estate which by a customary or other rule of succession or by the terms of the grant applicable thereto descends on a single heir or to any property to which the indian succession act, 1925, applies. 4. ..... the instant case also i do not think that the legislature by using the word 'property' in section 3(1) and 'interest in hindu joint family property' in section 3 (2) intended that whereas the operation of section 3 (1) would be prospective, the operation of section 3 (2) would be retrospective and for that purpose in the saving section 4 of the act it has used the word property and not interest in hindu joint family property'. ..... court expressed the view that the predeceased son's widow gets her share under section 3 (1) first proviso as and by way of inheritance and applying the principle that succession to movables is governed by the domicile of the deceased held, disagreeing with the views expressed by the madras high court, that a decree could be passed under the act not merely with respect to property within british india but also outside british india ..... be said however that the indian succession act which is the lex loci of british india not only excludes the operation of the rules of intestate succession to the property of the class excluded in the section but also affirmatively lays down that it is to be governed by their personal law. ..... (in the 7th edition rule 113) relates to intestate succession in respect to movables. .....

Birdibai Mohanlal Vs. Chunilal Chandmal

Court : Mumbai

Reported in : AIR1946Bom163; (1945)47BOMLR862

..... under section 273 of the indian succession act 'letters of administration have effect over all the property-moveable or immoveable-of the deceased throughout the province in which the same is granted and is conclusive as to the representative title against all the debtors of the deceased and all persons holding property which belonged to him'. ..... 26-a, as follows:the statute was enacted to enlarge the rights of women, or as it says, to give better rights to them and there is no indication that, except for this limited purpose, the legislature intended to interfere with the established law relating to succession or to a joint family. ..... , and the question was framed as follows: whether in view of the admitted fact that the deceased was a member of a joint hindu family with the petitioner and others letters of administration could at all be granted to the petitioner or any other person in respect of any part of the property held by him in coparcenery with his sons, and the answer of the full bench was that they could be so granted. ..... the absence of provisions similar to these with regard to the grant of letters of administration would suggest that when letters are taken out they must be taken out in respect of all the assets of the deceased and, therefore, there is no occasion either for specifying the details of the assets in the application or for the extension of the letters of administration. .....

Bai Dahi Vs. Ghanashyam Haridas

Court : Mumbai

Reported in : AIR1956Bom102

..... section 214, indian succession act provides that 'no court shall 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, except on the production, by the person so claiming, of either a probate or letters of administration evidencing the grant to him of administration to the estate of the deceased, or a certificate, under section 31 or section 32, administrator general's act, 1913, and having the debt mentioned therein, or a succession certificate granted under part x of the indian succession act and having the debt ..... of this court against the defen-daat.if the necessary succession certificate or any other representation as contemplated by section 214, indian succession act is not produced by the plff. ..... on the succession certificate or any other representation contemplated by section 214, indian succession act hems; obtained and produced by ..... evident from the facts in the case that the right to sue for recovery of rent and possession arose on the same contract and breach of some of the covenants and the court held that the suit having been filed for possession and liberty not having been reserved for recovery of rent in a separate suit, the suit for possession was not maintainable. ..... not rent payable in respect of land used for agricultural purposes and ia therefore not excluded under sub-section (2) of section 214 from the operation of the section. .....

Gyarsilal and ors. Vs. Murli

Court : Rajasthan

Reported in : AIR1987Raj109; 1987(1)WLN246

..... from debtors of deceased persons :-- (1) no court shall-(a) pass a decree against a debtor of adeceased person for payment of his debt to aperson claiming on succession to be entitledto the effects of the deceased person or toany 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- (i) a probate or letters of administration evidencing the grant to him of administration tq the estate of the deceased, or (ii) a certificate granted under section 31 or section 32 of the administrator general's act, 1913 (iii ..... shamsherali fakruddin, air 1940 bom 285 wherein it was held that section 214, of the indian succession act, applies where the suit was originally instituted by the creditor himself and he subsequently dies and also to a case where it is instituted by his legal representatives. ..... (2) the word 'debt' in sub-section (1) includes any debt except rent, revenue or profits payable in respect of land used for agricultural purposes. 6. .....

Smt. Sushmita Dey and ors. Vs. Smt. Sovana Dey

Court : Kolkata

Reported in : AIR2003Cal38

..... to the provisions of section 268, 372 and 373 of the indian succession act, 1925 and submitted that while in section 268 of the said act it has been clearly stated that the proceeding in relation to the granting of probate and letters of administration shall, save as otherwise provided, be regulated, so far as the circumstances of the case permit, by the code of civil procedure, 1908, under section 372 and 373 of the said act the code of civil procedure has very limited application in relation to proceeding for grant of succession certificate. ..... in any view of the matter, as the proceeding for grant of succession certificate is pending before a civil court subordinate to high court, the application under section 24 of the code of civil procedure will certainly be maintainable for transfer of a proceedings for grant of succession certificate under the indian succession act, 1925.8. ..... my reading of the various provisions of the indian succession act, 1925 is that a proceeding for the grant of a probate or of a succession certificate has to be treated and equated to a proceeding in a suit and the procedures governing those proceedings are as laid down in the code of civil procedure. ..... jageshwari reported in : air1964pat272 it has been held that provisions of the code of civil procedure relating to the procedure in suits would apply also to a proceeding for grant of a succession certificate under the indian succession act. .....

Reena Jain and Another Vs. Rajiv Kumar Saxena

Court : Delhi

..... learned counsel for the respondent/plaintiff has on the other hand supported the findings and conclusions of the courts below which have held that section 14(1) of the hindu succession act, 1956 does not apply and also that the judgment in the case of kale and others (supra) does not apply, and which findings of ..... "family" has to be understood in a wider sense so as to include within its fold not only close relations or legal heirs but even those persons who may have some " sort of antecedent title, a semblance of a claim or even if they have a spes successionis so that future disputes are sealed for ever and the family instead of fighting claims inter se and wasting time, money and energy on such fruitless or ..... terrace on account of having entered into a family settlement deed dated 18.12.2000, appellant no.1 would become the owner of the same in view of the provision of section 115 of the indian evidence act, 1872 which estops a real owner who stands by when construction is being carried out, from claiming ownership rights in a property, once a third ..... article 1 defines discrimination against women to mean "any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose on impairing or nullifying the recognized enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, all human rights and fundamental freedoms ..... fatal to the validity of similar transactions between strangers are not ..... deceased .....

Rameshchand Srivastava Vs. Smt. Shakuntala Devi and anr.

Court : Madhya Pradesh

Reported in : AIR2001MP53; 2000(4)MPHT388

..... however, it should not be lost sight of that the proceeding under section 372 of the indian succession act, 1925, is only a summary proceeding and any decision therein in regard to the entitlement to the property left by the deceased dying intestate and the grant of the certificate to particular person or applicant is always subject to the decision of a civil court of competent jurisdiction in a regular suit. 17. ..... it may further be noticed that the provisions contained in section 373(4) of the indian succession act, 1925, stipulate that when there are more applicants than one for a certificate, and it appears to the judge that more than one of such applicants are interested in the estate of the deceased, the judge, may, in deciding to whom the certificate is to be granted, have regard to the extent of interest and the fitness in other respects of the applicants. 15. ..... however, the relief claimed by shakuntala devi was denied on the ground that she had not appeared in person to depose before the trial court in support of her claim and the affidavit filed by her in support of her claim could not be held to be sufficient for the grant of the succession certificate as the other applicants had no opportunity to cross-examine her. ..... sushila devi seeking the succession certificate in her favour indicating further that she was ready to deposit the required fee for the purpose. .....

The Commissioner of Wealth-tax Vs. Dr. E.D. Anklesaria

Court : Gujarat

Reported in : AIR1964Guj240; (1964)0GLR1061; [1964]53ITR393(Guj)

..... indian succession act which, is the law applicable in india governing testate succession of a large majority of the people, but we cannot overlook the fact that many of the rules codified in the indian succession act are based upon the rules of english law and the rules of english law where they are not based on any technicalities but are based on general principles can be referred to profitably for the purpose of understanding the true meaning and effect of the relevant provisions of the indian succession act ..... section on a plain and grammatical construction declares that where a will directs that an annuity shall be provided for any person out of the proceeds of property, or out of property generally, or where money is bequeathed to be invested in the purchase of any annuity for any person, on the testator's death two consequences follow: (1) the legacy vests in interest in the annuitant; and (2) the annuitant can at his option have an annuity purchased for him or receive the money appropriated for that purpose ..... of the sons during his life time and thereafter in favour of his children and similarly there was a single continuing annuity in favour of shirinbai and thereafter in favour of her ..... since their right to tie corpus was subject and subsidiary to the interest of the annuitant, it was held that the annuitant was entitled to be paid in full even at the cast of drawing upon the corpus but ..... see whether the terms and conditions relating to the annuity permit or prevent ..... deceased .....

D. Chelliah Nadar and anr. Vs. G. Lalita Bai and anr.

Court : Chennai

Reported in : AIR1978Mad66

..... though the central act as well as the travancore regulation related to the same subject, namely, intestate succession and covered identical fields and to that extent is corresponding law, in view of the decisions of the supreme court cited above, it will not be corresponding law for the purpose of section 6, as the indian succession act does not cover travancore christians, governed by the travancore regulation. ..... the christian succession regulation ii of 1092 relates to intestate succession among the indian christians in travancore, whereas the indian succession act is a law relating among other things, to intestate succession, which is applicable to immovable property in india of a person deceased in india. ..... the learned judge has stated that so long as an existing statute has not excluded the applicability of part v of the indian succession act 1925, the provisions of the said part v will apply and that no other enactment was brought to his notice specifically excluding the applicability of the provisions of part v of the indian succession act 1925 to the christians of the former travancore cochin state. ..... muthiah, 1974-1 mad lj 53, where the learned judge held that by virtue of section 6 of the central act iii of 1951, the travancore christian succession act, regulation ii of 1092, stood repealed with effect from 1-4-1961. .....

The Secretary of State for India in Council Vs. Srimutty Parijat Debi

Court : Mumbai

Reported in : (1936)38BOMLR125

..... judge on april 24, 1933, held (l) that parijat debi could invoke section 104 of the indian succession act in her favour: (2) that it was not incumbent upon parijat debi to take out a succession certificate to enable her to recover the residuary share of the testator payable to her son tirthapati: (3) that the relief prayed for could be granted to parijat debi ..... may be given to the administrator general of bengal in relation to the administration and final distribution of the estate as to this honourable court may seem fit.the summons was supported by a petition of parijat debi in which she submitted that no representation was necessary to the estate of her deceased son and that she was entitled to the said ten ..... of the appellants that section 104 of the indian succession act of 1925 had no application to ..... section (1) includes any debt except rent, revenue or profits payable in respect of land used for agricultural purposes.in order to bring this case within section 214 of the said act, in their lordships' opinion, it would be necessary for the appellants to show that parijat debi was-claiming on succession to be entitled to the effects of her deceased son tirthapati who died intestate and was asking for a decree against the administrator general as a debtor of her deceased ..... section 214 are as follows:-(1) 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 .....