Judgment Search Results Home > Cases Phrase: indian succession act 1925 section 31 chapter not to apply to parsis Page 1 of about 1,386 results (0.147 seconds)

Mary Roy and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : AIR1986SC1011; 1986(0)KLT508(SC); 1986(1)SCALE250; (1986)2SCC209; [1986]1SCR371; 1986(1)LC515(SC)

..... was admittedly in force in part b state of travancore-cochin immediately prior to 1st april, 1951, was a law corresponding to chapter ii of part v of the indian succession act, 1925 and this law, namely, the travancore christian succession act, 1092 must consequently be held to have been repealed in its entirety on the extension of the provisions of chapter ii of part v to the indian succession act, 1925 to the territories of the former state of travancore and if that be so, the continuance of the travancore christian succession act, 1092 could not possibly be regarded as saved by section 29 sub-section (2) of the indian succession act, 1925. ..... the respondents sought to resist the applicability of these rules on the ground that section 29 sub- section (2) of the indian succession act, 1925 saved the provisions of the travancore christian succession act, 1092 and therefore despite the extension of the indian succession act, 1925 to part b state of travancore cochin, the travancore christian succession act, 1092 continued to apply to indian christians in the territories of the erstwhile state of travancore. ..... as provided in sub-section (1) or by any other law for the time being in force, the provisions of this part shall constitute the law of india in all cases of intestacy.chapter ii of part v lays down the rules governing intestate succession in case of persons other than parsis and that is made clear by section 31 which declares that nothing in chapter ii shall apply to parsis. .....

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

Court : Mumbai

..... succession to property of parties married under act._ notwithstanding any restrictions contained in the indian succession act, 1925, with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this act and to the property of the issue of such marriage shall be regulated by the provisions of the said act and for the purpose of this section that act shall have effect as if chapter ii of part v (special rules for parsi intestates) had been omitted therefrom ..... the deceased was mohammedan, the restrictions under section 57 of the indian succession act would not apply to him. 16. ..... deceased, being a muslim would not require to have the will probated under the indian succession act which applied to his succession. ..... (2) this section shall not apply in case of wills made by ..... under section 29(1), these rules do not apply inter alia to ..... sections setting out restrictions upon the communities would not apply. ..... general application of part._ (1) the provisions of this part shall not apply to testamentary succession to the property of any mohammedan nor, save as provided by section 57, to testamentary succession to the property of any hindu, buddhist, sikh or jaina; nor shall they apply to any will made before the first day of january, 1866 ..... application of part._ (1) this part shall not apply to any intestacy occurring before the first day of january, 1866, or to the property of any hindu, muhammadan, buddhist, sikh or .....

In Re: Hasima Latifi and ors.

Court : Mumbai

Reported in : AIR1962Bom227; (1961)63BOMLR940

..... section 21 of the special marriage act is as under:'notwithstanding any restrictions contained in the indian succession act, 1925 (39 of 1925), with respect to its application to members of certain communities, succession to the property of any act and to the property of the issue of such marriage shall be regulated by the provisions of the said act and for the purposes of this section that act shall have effect as if chapter iii of part v (special rules for parsi intestates) had been omitted therefrom. ..... the bar contained in sub-section (1) of section 370 would not apply as the right could be established in respect of the said two debts. ..... said statement contained in paragraph 1 of the will the office of the prothonotary of this court dealing with testamentary matters took the point that as the marriage of the deceased was registered under the special marriages act, 1954, succession certificate to any property of the deceased could not be issued in view of the provisions of section 21 of the special marriage act, and that only probate of the said will could be applied for and granted. ..... as the deceased was, however, a mahomedan, because of the provisions of section 213(2), the provisions of sub-section (1) of that section did not apply. ..... now, the application of the provisions of sub-section (1) of section 213 of the succession act is, by sub-section (2) thereof, restricted to members of certain communities and, therefore, that provision does not apply to wills made by mahomedans. .....

Mrs. Sayeeda Shakur Khan and ors. Vs. Sajid Phaniband and anr.

Court : Mumbai

Reported in : 2006(5)BomCR7; II(2006)DMC701

..... -notwithstanding any restrictions contained in the indian succession act, 1925 (39 of 1925), with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this act and to the property of the issue of such marriage shall be regulated by the provisions of the said act and for the purposes of this act shall have effect as if chapter iii of part v (special rules for parsi section that intestate) had been omitted therefrom. ..... contends that in view of the marriage of the deceased khatal moosa phaniband and his wife being registered under the special marriage act, 1954, subsequently, the succession to the estate of the deceased khatal moosa phaniband would be governed by the indian succession act, 1925 and not the muslim personal law. ..... section 58 which is contained in part vi of the indian succession act, provides that that part would not apply to the testamentary disposition to the property of any ..... would not be applicable as the question which arose in that case was regarding a muslim who was married by performing a nikah and not under the special marriage act. ..... in such circumstances, in my view, it would not be proper to appoint a court receiver when the plaintiffs have approached the court at this belated ..... moreover, such a person would not have to obtain the consent of the heirs in order to bequeath in excess of the legal third of his ..... is clarified that this order does not prevent the defendant no. .....

Menaka Gandhi Vs. Indira Gandhi and anr.

Court : Delhi

Reported in : AIR1985Delhi114; 1984(7)DRJ238

..... section 21 lays down that notwithstanding any restrictions contained in the indian succession act, 1925, with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnised under the special marriage act and to the property of the issue of such marriage shall be regulated by the provisions of the indian succession act and for the purposes of section 21 of the special marriage act, the indian succession act shall have effect as if chapter iii of part v (special rules, for parsi intestates) had bisi o.nitted there from. ..... this contention the learned counsel formulated thus; section 21a of the special marriage act, enacted in 1976, does not and cannot affect the provisions of the indian succession act inasmuch as this provision is enacted in a law pertaining to the form of marriage and, thereforee, cannot effect the vested rights guaranteed by the indian succession act. ..... section 20 lays down that subject to the provisions of section 19 any person who marriage is solemnized under the special marriage act shall have the same rights and shall b; subject to the same disabilities in regard to succession to any property as a person to whom the caste disabilities removal act, 1850 applies. ..... section 19 and section 21 shall have no application and so much of section 20 as creates a disability shall also not apply. .....

M vs.A

Court : Delhi

..... hereunder: cm(m) 140/2017 page 9 of 23 section 21 -succession to property of parties married under act - notwithstanding any restrictions contained in the indian succession act, 1925 (39 of 1925), with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this act and to the property of the issue of such marriage shall be regulated by the provisions of the said act and for the purposes of this act shall have effect as if chapter iii of part v (special rules for parsi section that intestates) had been omitted ..... the reason why section 27 of the act unlike sections 24 and 25 thereof does not contain the words "any marriage solemnized under this act" is not that section 27 was intended to apply to marriages performed under other enactments but because the benefit of it was made available even to those whose marriage though not solemnized under the act was registered under section 15 and thus deemed to have been under the act by operation of section 18. ..... the rights and duties arising out of marriage are governed by the special marriage act and the succession is governed by indian succession act, 1925, and not by the personal laws. 10.8. .....

Himungsu Kumar Basu Vs. Sudhangsu Kumar Basu

Court : Kolkata

Reported in : AIR2004Cal217,2004(1)CHN626

..... therefore, if the law is not read in such manner then section 141 of the indian succession act, 1925 will have redundant face value. ..... section 332 of the indian succession act, 1925 says that the assent of the executor or administrator is necessary to complete a legatee's title to his legacy. ..... to understand this, scope and ambit of the indian succession act, 1925 is to be looked into as to whether such act is not sufficient to meet the requirement of an aggrieved party or whether the situation is such that the indian succession act, 1925 cannot be said to be comprehensive so that a civil suit is required to be filed for the purpose of coming to a conclusion. ..... section 141 of the indian succession act, 1925 speaks as follows :'141. ..... this is the crux of the case to understand as to why civil suit cannot be allowed and why a proceeding under the provisions of the indian succession act, 1925 will be initiated. ..... therefore, there is no other alternative for the respondent/plaintiff but to apply before the appropriate court under the indian succession act, 1925 for the purpose of getting such relief at first.15. ..... ; or(d) the grant has become useless and inoperative through circumstances; or(e) the person to whom the grant was made has willfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of chapter vii of this part, or has exhibited under that chapter an inventory or account which is untrue in a material respect'. 16. .....

Smt. Dhanbai Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR1979MP17; 1978MPLJ717

..... is also not in dispute that they are parsis and governed by the provisions contained in chapter iii of indian succession act, 1925. ..... parties being parsis they are governed by chapter iii of the indian succession act. ..... the plaintiffs' case is that after the death of cowasji, under chanter iii of the indian succession act the following persons inherited the property left behind by cowasji to the extent shown hereunder:--(i) ..... (5) the order of the competent authority under sub-section (4) shall not be subject to appeal or revision, but any party may within three months from the date of such order, institute a suit in the civil court to have the order set aside, and the decision of such ..... (4) if while considering the objections received under sub-section (3) or otherwise, the competent authority finds that any question has arisen regarding the title of a particular holder and such question has not already been determined by a court of competent jurisdiction, the competent authority shall proceed to enquire summarily into the merits of such question and pass such orders as it thinks fit: provided that if such question is already ..... the state submitted that the suits were not maintainable being barred by section 11 (4) of the act as there is no dispute regarding title of the plaintiffs and, therefore, the order of the competent authority has become final and conclusive and is binding on all the ..... the plaintiffs never applied for correction of revenue records showing their interest in these .....

G.Aravind Kumar Vs. Md Sadat Ali and Another

Court : Andhra Pradesh

..... section 155 of act 1988 reads as under : "notwithstanding anything contained in section 306 of the indian succession act, 1925 (39 of 1926), the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this chapter, shall not be a bar to the survival of any cause of action arising out of the said event against his estate or against the insurer. ..... according to section 155, notwithstanding anything contained in section 306 of the indian succession act, 1925 (39 of 1926), the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this chapter, shall not be a bar to the survival of any cause of action arising out of the said event against his estate or against the insurer. ..... coming to the aspect that the signature of the claimant in the enhancement petition is not that of the claimant, under section 73 of the indian evidence act, 1872, the court has power to compare the disputed signatures with the admitted signatures and come to a conclusion. ..... the purpose of enactment of road traffic acts and making insurance compulsory is to protect the interests of the successful claimant from being defeated by the owner of the vehicle who has not enough means to meet his liability. .....

Vrandavanla Goverdhanlal Pitti and anr. Vs. Kamala Bai Goverdhanlal an ...

Court : Andhra Pradesh

Reported in : AIR1970AP109

..... . after referring to the law contained in section 57 and 213 of the indian succession act of 1925 observed at p ..... (2) this section shall not apply in the case of wills made by muhammadans, and shall only apply-- (i) in the case of wills made by any hindu, buddhist, sikh or jain where such wills are of the classes specified in clauses (a) and (b) of section 57; and (ii) in the case of wills made by any parsi dying, after the commencement of the indian succession (amendment) act, 1962, where such wills are made within the local limits of the ordinary original civil jurisdiction of the high courts at calcutta, madras and ..... certain sections of the indian succession act, 1865 (as amended by act xxi of 1870) corresponding to the sections set out in schedule iii of the indian succession act 1925 were made applicable to all wills and codicils specified in clauses (a) and (b) of section 57 wherever executed. ..... this matter is dealt with in section 211 and 213; and as we have noted earlier, the provisions in chapter ii of part ix viz. ..... it appears to us that the provisions of chapter ii of part ix sections 237 - 260 which deal with grants limited in duration are only applicable to limited grants and exceptions. ..... . chapter ii of part ix dealing with limited grants for the use and benefit of others having right, and grants for the special purposes .....