Judgment Search Results Home > Cases Phrase: indian succession act 1925 section 35 rights of widower Page 8 of about 4,230 results (0.140 seconds)

Dinesh Aggarwal & Others vs.state & Others

Court : Delhi

..... the present testamentary case has been filed under section 276 of the indian succession act, 1925 in respect of will dated 19th february, 2009 of late sh ..... petitioner on section 237 of the indian succession act is therefore misplaced inasmuch as in order to obtain benefit under the said provision, it has to be established on the record that the will was lost misplaced or destroyed ..... chand and it does not fulfil the requirements under section 63 of the indian succession act.10. ..... execution of a will must conform to the requirement of section 63 of the succession act, in terms whereof a will must be attested by two or more ..... on a combined reading of section 63 of the succession act with section 68 of the evidence act, it appears that a person propounding the will has got to prove that the will was duly and validly ..... it is rightly argued that the certified copy of a will would only constitute secondary evidence under sections 63 and 65 of the indian evidence act, 1872. ..... as per the will, the deceased claims to be the owner of the following property: i am have full rights and title to and am possessed of one half undivided share of built up property bearing no.g-92, area measuring370sq. ..... yds, consisiting of whatsover therein, with the rights of upper storey construction up to the last storey, fitted with electricity and water connection, both in test ..... he does state in cross- examination that the deceased was his friend and that at the time of execution of the will he was perfectly all right . .....

Smt. Salma Irani Vs. Fifth Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1985)14ITD233(Mum.)

..... the succession to the property left behind by nariman irani was governed by the provisions in chapter iii of the indian succession act, 1925.3. ..... of administration could be granted to a person who has died intestate, vide section 2l2 of the indian succession act. ..... the death of nariman irani, his property was inherited by the wife (salma irani), three minor children and mother according to the provisions in chapter iii of the indian succession act since the deceased had not left a will. ..... the bombay high court has in keshub mahindra's case (supra) said that once the property absolutely vests in the heir according to law of succession, then the ownership is not in any way affected by the fact that the heir is required to discharge debts of the deceased or he was to recover debts due to the ..... the ito had passed assessments against salma irani in her capacity as administrator of the estate of late nariman irani under section 143(3), read with section 144b of the income-tax act, 1961 ('the act')- from them there were appeals to the commissioner (appeals) wherein the primary contention was that the assessments made against salma irani as adiministrator of the estate of nariman irani were bad and that the ..... a certain nariman irani, who was dealing in the business of film production, died on 10-12-1977 leaving him surviving a widow (salma irani), two minor sons, a minor daughter and mother. ..... irani had produced a film in regard to which he had granted distribution rights to several parties. .....

Shanta Mirchandani and Others Vs. Rajendra Kumar Shahani

Court : Mumbai

..... on the other hand invited my attention to section 263 of indian succession act, 1925 and would submit that letter of administration has been granted by this court in favour of the executor which order is sought to be revoked by section 263 of the act on various grounds available under the said provisions. ..... however, on perusal of section 263 of indian succession act, it is clear that whether action on the part of the executor applying for probate or letter of administration was proper or not and whether just cause as described in explanation to section 263 of the indian succession act is made out by ..... section 263 of the indian succession act, it is clear that court can revoke or annul the grant of probate or letter of administration for just cause described in the explanation of section ..... the respondent for obtaining letter of administration was proper or not or was in breach of cause provided in explanation to section 263 has to be inquired with in this proceedings for revocation of letter of administration granted in favour of the original ..... it was held in that case that an examination committee of the board of secondary education in uttar pradesh was acting quasi-judicially when exercising its power under rule 1(1) of chapter vi of the regulations dealing with cases of examinees using unfair means in examination hall and the ..... made by the petitioner, any enquiry by this court in the said revocation petition in absence of the applicant would affect the rights of the applicant. 4. .....

Smt. Sumitra Devi Vs. State and ors.

Court : Delhi

..... this first appeal is filed under section 299 of the indian succession act, 1925 impugning the judgment of the probate court by which the petition for letters of administration filed by the appellant with respect the will dated 5.2.2008 of her late adoptive father sh. ..... a reading of the impugned judgment shows that the following salient facts have rightly persuaded the court below to dismiss the petition: (i) petitioner who was an adopted daughter of the deceased testator lakshman singh had two litigations against sh. ..... lakshman singh would have executed a will in favour of the appellant giving to her his property exclusively and ousting his widow, one son and a daughter. .....

Mrs. Snehlata Bhandari and Another Vs. State of Uttarakhand and Others

Court : Uttaranchal

..... learned counsel for the appellants submitted that, in terms of section 2(h) of the indian succession act, 1925, will means the legal declaration of the intention of the testator with respect to his property, which he desires to be carried into effect after his death ..... we, accordingly, refuse to interfere with the judgment and order under appeal, but, at the same time, make it absolutely clear that we have not gone into the question, whether, in order to transfer bhumidhari rights under a will, it is obligatory on the part of the testator to have the will registered himself / herself, as was urged before us and, accordingly, the said question is left open to be decided at the appropriate time when a claim for ..... we have not gone into the question at this stage, whether, by reason of section 169 of the uttar pradesh zamindari abolition and land reforms act, 1950, read with section 17(1)(f) of the registration act, 1908, it was a requirement for the testator herself to register the will or not, inasmuch as, by and under the purported will, the testator purportedly devised also those properties, which cannot be called bhumidhari rights. ..... in that, amongst others, it was contended that, in terms of the provisions of section 169 of the uttar pradesh zamindari abolition and land reforms act, 1950, the subject will was required to be registered by the testator herself, inasmuch as, the will dealt with bhumidhari right of the testator. ..... 1 is the widow of pradeep singh bhandari and appellant no .....

Solomon and ors. Vs. Muthiah and ors.

Court : Chennai

Reported in : (1974)1MLJ53

..... section 6 of the central act iii of 1951, they state:the travancore christian succession act can in no sense be regarded as law corresponding to part v, indian succession act.even assuming that the learned judges are right with regard to their interpretation of section 29 (2) of the indian succession act, 1925, that provision can save only such law as providing for the same subject-matter as part v of the indian succession act, 1925. ..... for partition and possession of their half share in 'a' and 'b' schedule properties and monies, contending that swaminathan was governed by the travancore christian succession regulation ii of 1092 and according to the provisions contained in that regulation, on the death of swaminathan, the widow muthammal got only a life interest and on her death the properties belonged absolutely to the plaintiffs as children and grandchildren of isaac, and pakianathan ..... per annum until payment.section 33 states that save as provided by section 33-a if the intestate had left no lineal descendants, but had left a widow and persons who are of kindred to him, one half of his property shall belong to his widow and the other half shall go to those who are of kindred to him in the ..... sub-section (2) of the same section states:where the nett value of the property exceeds the sum of five thousand rupees, the widow shall be entitled to five thousand rupees thereof and shall have a charge upon the whole of such property for such sum of five thousand rupees, with interest .....

Smt. Jagat Nandini and anr. Vs. Inder Pal

Court : Allahabad

Reported in : [1986]60CompCas272(All)

..... 1975, an application for succession certificate under section 372 of the indian succession act, 1925, was made by smt. ..... 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. ..... section 383 of the indian succession act, 1925, for revocation of the succession ..... 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 ..... relied for revocation was that he had a share in the premium money and, therefore, the policy amount ought to be paid to him in his right and not to those who under the personal law governing the parties succeed to the estate. ..... dispute was as between the widow of the assured on the one hand and the widow of the nominee on the ..... have been that in the circumstances, the person entitled to obtain the amount shall be the widow left by the nominee. ..... left his widow, who .....

B.K. Gupta Vs. Ravinder Seth

Court : Delhi

Reported in : 2007(97)DRJ604

..... as a back up to the challenge it is urged that under section 381 of the indian succession act, 1925 the effect of a certificate with respect to the debts and securities specified therein has to be treated as final and binding as against the persons owning such debts or liabilities or such security. 22. ..... armed with the aforesaid succession certificate, the widow of the deceased moved an application with dda requesting that her name be mutated in the record of dda as a successor to her husband pertaining to the registration which was enuring in the name of the deceased. 13. ..... be that as it may, the learned judge while granting a succession certificate to the widow of the deceased described vide sr. no. ..... thus, widow of deceased harish chander seth while seeking a succession certificate mentioned that she was seeking succession to the registration vide registration no. ..... whereas learned counsel for ravinder seth states that the mother made a limited statement before the judge concerned to the effect that she does not oppose grant of a succession certificate in the name of her daughter-in-law, but he claims that his mother specifically excluded there from the right to succeed to the benefits of the registration enuring in the name of the deceased pertaining to dda registration no. ..... one would have expected ravinder seth, brother of harish chander seth to have cared for his widowed sister-in-law and the minor children of his late brother. .....

Parmeshwar Prasad (Since Deceased) Lord Northbrook and Others Vs. Stat ...

Court : Delhi

..... appearing for the state of rajasthan has contended that no probate can be granted to the petitioners inasmuch as the mandatory requirement of section 276 (3) and section 283 sub-section (3) of the indian succession act, 1925 regarding publication of the citation in a district in which a part of the property is situated, has not been mandatorily complied ..... . i agree with the contention of the learned counsel for the petitioners that merely because there is alleged non-compliance of section 283 (3) of the indian succession act, 1925 on account of non-publication of the citation in the district of jhunjhunu through the district judge, that will not be a ground for denial of grant of probate to the petitioners ..... of the petitioners that the khetri trust, which has been formed by the deceased/testator was on account of the fact that he was a childless widower and to ensure that the properties which are left behind by him are not pilfered but are used for the benefit of the public at large ..... as a party on account of bona vacantia for want of rightful owner and the fact that it had taken possession of some of the properties in jaipur to preserve them under the rajasthan escheat regulation act, 1956 and therefore, it was necessary as well as proper ..... declared as hostile only by the party who has produced him as it gives such a party the right to cross-examine the witness ..... it was only permitted to address arguments on the basis of the existing record and it did not have the right to lead any evidence .....

Delphine Ann Mascarenhas Vs. MervyIn J.A. Menezes and anr.

Court : Karnataka

Reported in : ILR2001KAR4883; 2001(6)KarLJ81

..... the trial court, on the basis of the material on record and interpretation of sections 124 and 131 of the indian succession act, 1925 (hereinafter referred to as 'the act') held issue nos. ..... as noticed by us earlier, the provisions contained in section 124 of the act govern the rights of the parties where a legacy of the nature contained in the present will, exhibit ..... saldanha died without any issue, the appellant gets right in the suit schedule property after the death of the second defendant, who is the widow of the said francis m.b. ..... , the clause in the will which states that in case of francis saldanha dying without an issue, the property must be inherited by the daughter of the testator after the death of his son's widow, is of no consequence; and cannot be given effect to and the said stipulation will not confer any right on the plaintiff. ..... rosaline saldanha had any alienable right over the suit schedule property; and as such, the sale of item ..... the basis of the said stipulation in the will, the plaintiff does not get any right to the suit schedule property. ..... without an issue, the property must be inherited by the appellant after the death of the widow of the said francis m.b. ..... she re-marries she has no right to the property etc. ..... the plaintiff-appellantinherits the suit schedule property absolutely after the lifetime of the second defendant-respondent, who is the widow of late francis m.b. ..... whether plaintiff proves that she has got reversionary right in respect of item no. .....