Judgment Search Results Home > Cases Phrase: indian succession act 1925 section 57 application of certain provisions of part to a class of wills made by hindus etc Page 1 of about 549 results (0.285 seconds)

Siddamurthy Jayarami Reddy (D) by Lrs. Vs. Godi Jaya Rami Reddy and an ...

Court : Supreme Court of India

..... application of certain provisions of part to a class of wills made by hindus, etc. ..... sundaravaradan, learned senior counsel for the appellants argued: the importation of section 57 and section 141 of indian succession act, 1925 (for short, `the 1925 act') is wholly inappropriate since the present case is concerned with the muffussil will of a hindu dated may 21, 1920 with regard to the properties situate outside the city of madras. ..... section 331 of the 1865 act, however, excluded its applicability to intestate or testamentary succession to the property of any hindu, muhammadan or buddhist and it further provided that its provisions shall not apply to any will made, or any intestacy occurring, before january 1, 1866.21. ..... the following portions of the indian succession act, 1865, namely,--sections forty-six, forty-eight, forty-nine, fifty, fifty- one, fifty-five and fifty-seven to seventy-seven (both inclusive), sections eighty-two, eighty-three, eighty-five, eighty- eight to one hundred and three (both inclusive), sections one hundred and six to one hundred and seventy-seven (both inclusive), sections one hundred and seventy-nine to one hundred and eighty-nine (both inclusive ..... indian succession act, 1865 (for short, `the 1865 act') was enacted to provide for intestate and testamentary succession in british india. .....

Debaki Pradhan Petitione. Vs. Prakash Chandra Pal.

Court : Orissa

..... facts it is prima facie found that the act or omission for which the accused was charged has reasonable connection with discharge of his duty then it must be held to be official, to which applicability of section 197 cr.p.c. ..... considering the question of applicability of section 197 of the cr.p.c to the facts of the present case, it is observed that opposite party arrested the petitioner and her husband in connection with an earlier case only two days prior to the alleged date ..... 1939 pc 43 it was argued that one of the tests for applicability of section 197, cr.p.c. ..... cognizance the learned magistrate is required to take into account the nature of allegations and circumstances under which the alleged acts are stated to have been committed by the opposite party as well as the status of the parties. ..... the narrow interpretation will make it altogether otiose inasmuch as it in no part of an official duty-never can it be-the official duty to commit ..... only when it is either within the scope of the official duty or in excess of it that the protection is claimable.upon reference to allegations made by the complainant, it was held: "the aforesaid allegations made in the complaint would show that opp.party no. ..... before the provision of section 197, ..... certain limits and is available only when the alleged act done by the public servant is reasonably connected with the discharge of official duty and not merely a cloak for doing the objectionable act ..... such query certainly related to the official duties of .....

Pandraj Kunjilal Sadh (Deceased) and Rai Kumar Sadh Vs. Santosh Kumari ...

Court : Kolkata

..... application of certain provisions of part to a class of wills made by hindus, etc. ..... the provisions contained in indian succession act, 1925, this high court by virtue of its power conferred by the letters patent possesses testamentary jurisdiction irrespective of the provisions contained in indian succession act and thus, even if the power conferred under the indian succession act to grant probate is taken away by the 1980 amendment, the original jurisdiction to grant probate by dint of the provisions of letters patent and the original side rules of this court still exists and this court can entertain and dispose of a probate application in respect of a will ..... thus, the right of a hindu to bequeath his property by a will was first statutorily recognised in the 1870 act by adopting the relevant provisions of the indian succession act, 1865 and after the enactment of the indian succession act, 1925 replacing the old act, by the said act of 1925. ..... in order to appreciate the aforesaid question, it will be profitable to refer to the provisions contained in sections 57, 58 and 300 of the indian succession act, 1925 and some of the provisions of the city civil court act, 1953 as they stand after the 1980 amendment, some of the rules of the chapter xxxv of the original side rules and clause 34 of the letters patent which are quoted below:- indian succession act 57. ..... (8) after section 60, the following section shall be inserted :- 1925 39 indian succession act, 1925. .....

Worli Adarsh Nagar Sagar Darshan Co-operative Housing Society Ltd. Thr ...

Court : Mumbai

..... application of certain provisions of part to a class of wills made by hindus, etc. ..... the provisions of sections 57, 264, 300 and the definition of district judge in section 2(bb) of the indian succession act 1925, the definition of district in section 2(4) of the code of civil procedure, and section 3(a) of the bombay city civil court act, 1948 are reproduced herein under:- 57. ..... the learned counsel would draw my attention to the definition of district judge in section 2(bb), sections 57, 264, and 300 of the indian succession act, and the definition of district in subsection (4) of section 2 of the code of civil procedure, and the provisions of the bombay city civil court act, 1948 and especially section 3(a) thereof. ..... the instant case is a case which is covered by section 57 of the indian succession act and therefore this court is even vested with a concurrent jurisdiction. ..... the applicant in civil revision application no.960 of 2012 is concerned, the maintainability of the suit was questioned on the touchstone of section 42 of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 (for short referred to as the slum act). ..... if the said suit is filed, the issue of maintainability of the suit on the touchstone of section 42 of the slum act is kept open for being raised and agitated before the concerned court, at the said time, if such an issue is raised, the concerned court would try the same on its own merits and in accordance with .....

Clarence Pais and ors. Etc. Vs. Union of India

Court : Supreme Court of India

Reported in : AIR2001SC1151; 2001(49)BLJR1177; JT2001(3)SC82; 2001(1)KLT860(SC); (2001)3MLJ43(SC); RLW2001(2)SC177; 2001(2)SCALE184; (2001)4SCC325; [2001]2SCR43; 2001(1)LC567(SC)

..... application of certain provisions of part to a class of wills made by hindus, etc. ..... the indian succession act, 1925 repealing the indian succession act, 1865 was enacted by parliament with a view to consolidate the law applicable to intestate and testamentary succession in india and, as a consequence no intentional change in the law was made at that stage. ..... partially relieved by being placed practically on the same footing as their non-christian countrymen in cases of intestacy under the indian christian estates administration act vii of 1901; but where the deceased has left a will, they are still bound to obtain probate and pay probate duty as required by section 213 of the indian succession act xxxix of 1925, a section which does not apply to will of hindu, buddhists, sikhs or jains except where such wills are of the class specified in clauses (a) and (b) of section 57 and to all wills of muhammadans. ..... these two writ petitions have been filed challenging the validity of section 213 of the indian succession act, 1925 (hereinafter referred to as 'the act'] as unconstitutional and to restrain the union of india from enforcing the provisions thereof against the indian christians. 2. .....

Mrs. Winifred Nora theophilus Vs. Mr. Lila Deane and Others

Court : Delhi

Reported in : AIR2002Delhi6; 2001(62)DRJ422

..... clauses (a) and (b) of section 57 read as under:'[57] application of certain provisions of part to a class of wills made by hindus, etc-the provisions of this part which are set out in schedule iii shall, subject to the restrictions and modifications specified therein, apply- (a) to all wills and codicils made by any hindu, buddhist, sikh or jaina on or after the first day of september, 1870, within the territories which at the said date were subject to the lieutenant governor of bengal or within the local limits of the ordinary ..... in order to appreciate the controversy, let us first scan through the provision of section 213 of the indian succession act, 1925. ..... court in clear terms, that case related to the will executed by the christians and interpreting the provision of section 213 of the indian succession act, the court held as under:'whosoever wishes to establish that right whether it be a legatee or an executor himself or somebody else who might find it necessary in order to establish his right to establish the right of some legatee or executor from who he might have derived title he cannot do so unless the will under which the right as a legatee or executor is claimed ..... it is mentioned in the plaint that parties are indian christians as defined in section 2(d) of the indian succession act, 1925. ..... the plaint avers that as per the provision of section 47 of the indian succession act, 1925, the property is to be divided in the following manner:a) mrs. .....

Vishnu Ramchandra Undage Vs. Ganpati Ramchandra Undage and ors.

Court : Mumbai

Reported in : 2006(2)ALLMR204; 2006(1)BomCR672; 2005(4)MhLj1108

..... application for certain provisions of part to a class of wills made by hindus, etc. ..... submitted that the will was executed in kolhapur in respect of property which does not fall in the limits of area covered by the ordinary original jurisdiction of this court and therefore, it is not covered by section 213 of the indian succession act, 1925. ..... executing court held that there is no compliance of section 213 of the indian succession act, 1925, which requires that no right can be established in any court of justice unless a court of competent jurisdiction grants probate of the will under which the right is claimed. ..... my opinion, the executing court erred in holding that the present will is covered by section 213 of the indian succession act. ..... far as it is relevant for the present case reads as under:section 213 of the indian succession act so far as it is relevant for the present case reads as under : 'section 213. ..... this connection it is also necessary to have a look at section 57 of the indian succession act. ..... it applies in cases of wills made by hindus where such wills are covered by clauses (a) and (b) of section 57. ..... '(2) this section shall not apply in the case of wills made by muhammadans (or indian christians), or and shall only apply -(i) in the case of wills made by an hindu, buddhist, sikh or jaina where such wills are of the classes specified in clauses (a) and (b) of section 57; and(ii) ..... , this requirement is not present in the case of wills made by muslims or indian christians. .....

Masimukkula Narayana and Others Vs. Masimukkula Suryakantham

Court : Andhra Pradesh

Reported in : 1999(2)ALD132; 1997(5)ALT459

..... application of certain provisions of part to a class of wills made by hindus, etc ..... provisions of the indian succession act, 1925 (for short 'the act ..... sub-section (2) of section 213 that section 213 shall not at all apply to the wills made by muhammadans and shall apply only to the wills made by any hindu, buddhist, sikh or jain w:here such wills are of the classes specified in clauses (a) and (b) of section 57 of the act, which ..... 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 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 civil jurisdiction of the high courts at calcutta, madras and bombay, and where such wills are made ..... the supreme court to consider, directly or indirectly, the question whether the prohibition contained in sub-section (1) of section 213 of the act would apply to the wills executed by hindus residing in the state of andhra pradesh in respect of properties situate in andhra pradesh. ..... ' it is abundantly clear therefrom that the prohibition contained in sub-section (i) of section 213 applies to wills by hindus on or after 1 st day of september, 1870 within the territories which at the said date were subject to the jurisdiction of the lieutenant governor of bengal or within the local .....

Administrator General, Uttar Pradesh, Allahabad Vs. Late Dharamvir Ali ...

Court : Allahabad

Reported in : AIR1997All158

..... application of certain provisions of part to a class of wills made by hindus, etc.10. ..... he has further contended that the applicants were claiming to be beneficiaries under the will, therefore, also no succession certificate could be granted to them under section 370 of the indian succession act (the act inshort) and the order granting succession certificate, therefore, was nullity. ..... for appreciating the submissions made by the learned counsel for the petitioner, it would be convenienl to refer to the relevant provisions of the administrators general act, 1963 and to certain provisions of the indian succession act, 1925. ..... in this connection, the learned counsel has also referred to the provisions of section 372(e) of the act which lays down that in an application for gram of succession certificate it has to be specified that there was no impediment under section 370 of the act for the grant of the said certificate. ..... section shall not apply in the case of will made by mahammadans and shall only apply- (i) in the case of the will made by any hindu, buddisl, sikh or jaina where such wills are of the clauses specified in clauses (a) & (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 original ordinary/civil jurisdiction of the high court at calcutta, madras and bombay and where such wills are made .....

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

Court : Mumbai

..... application of certain provisions of part to a class of wills made by hindus, etc._ the provisions of this part which are set out in schedule iii shall, subject to the restrictions and modifications specified therein, apply(a) to all wills and codicils made by any hindu, bhuddhist, sikh or jaina, on or after the first day of september, 1870, within the territories which at the said date were subject to the lieutenantgovernment of bengal or within the local limits of the ordinary ..... ahmed on behalf of the plaintiff that under section 213 of the indian succession act, 1925, the defendant as legatee cannot establish her right as such in any court unless she had probated the will that she has propounded even though she is a mohammedan because she has propounded the will of the deceased to whom the indian succession act applies and consequently as per the judgment in sayeeda shakur khan (supra) probate of the will of such mohammedan would be required to be ..... 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 .....