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 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2004All329; 2004(2)AWC1855
..... application of certain provisions of part to a class of wills made by hindus, etc. ..... above first appeal from order under section 299 of the indian succession act, 1925 (called 'the act'), filed by smt. ..... (2) this section shall not apply in the case of will made by muhammadans, and shall only apply :(i) in the case of will made by any hindu, buddhist, sikh or jaina 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 (original) civil jurisdiction of the high court at calcutta, madras and bombay, and where such wills are made outside those ..... now by the indian succession (amendment) act, 1962, the section has been made applicable to wills made by parsis dying after the commencement of the 1962 act. .....
Tag this Judgment!Court : Allahabad
Reported in : [1986]60CompCas272(All)
..... it is also urged that the 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. ..... on or about august 1, 1975, an application for succession certificate under section 372 of the indian succession act, 1925, was made by smt. ..... the respondent applied thereafter under section 383 of the indian succession act, 1925, for revocation of the succession certificate. ..... without entering into the veracity or 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. ..... in so far as the daughters of dina nath sachan are concerned, all of them were arrayed as parties in the application made for succession certificate. ..... the amount covered under the policy becomes part and parcel of the estate of the deceased and to this estate the persons entitled to recover shall only be those who are heirs either under the personal law governing the same or under a will in case the deceased left any. ..... but on that account he cannot lay claim for himself to the grant of succession certificate in full or even in part.5. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(4)AWC2896
..... shyam sunder filed an application under section 383 of the indian succession act on 25.7.1979 on the ground, inter alia, that the deceased executed a will on 28.12.1976, petitioners had full knowledge about the fact that proceedings were going on the basis of will for mutation in revenue record before tehsildar, they were party to the said proceedings and represented through uma shanker, advocate on 2.1.1978, in spite of this, they had obtained succession certificate by concealment of ..... this part may be revoked for any of the following causes, namely : (a) that the proceedings to obtain the certificate were defective in substance ; (b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment from the court of something material to the cases ; (c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ..... ignorance or inadvertently ; (d) that the certificate has become useless and inoperative through circumstances ; (e) that a decree or order made by a competent court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.' 12. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All321
..... 'reference was made to the provisions of section 4 (1) (b) of the indian succession act 1889 which were in 'pari materia' with the provisions of section 214(1)(b) of the present indian succession act. ..... thus, in short my interpretation of section 214(1)(b) of the indian succession act is that the words 'application to execute' occurring therein refer to a substantive application by which execution proceedings were initiated and not to any other application which may be regarded as merely an ancillary application. ..... it was observed-- :'a reading of the provision of section 214(1)(b) of the indian succession act makes it perfectly clear that it only bars the institution of execution proceedings by a person claiming on succession and does not bar the continuance of the proceedings which had been instituted by the original decree-holder. ..... the effect of putting a contrary construction on these words would be that even though execution may have been commenced within limitation, when after the death of the decree-holder it is sought to be continued by his legal representative it will be deemed to be a fresh execution application and might become barred by limitation. ..... as i have already indicated in the earlier part of my judgment, the position would be different where the execution is initiated by a person other than the decree-holder who dies even before he is able to institute the execution. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC323
..... , the application was filed before the civil judge (senior division), firozabad, who was a delegate under section 388 of indian succession act which fact is not disputed and accordingly, the appeal was preferred before the learned district judge, firozabad, in terms of provision of sub-section (2) of section 388. ..... , in my view, the provision contained in section 379 of the indian succession act is not mandatory to the extent that non-compliance thereof would hit at the root of the application itself and throw it out ..... he then contends that by reason of section 379 of the indian succession act, the application for succession certificate should have accompanied by a deposit of a sum equivalent to the court fees payable on ..... ajay yadav has not been able to show that any such application was made before the learned trial court to allow him to issue notice or summons to the photographer for adducing evidence on his behalf nor he has been able to show any record that any such application was made permitting him to adduce the negative or the documents contained in annexure-9 in evidence ..... on the record, it does not appear that there was any attempt on the part of the petitioner to produce the negatives of those photographs or to call the photographer as a witness in ..... court has held that even though the objection as to place of suing has been raised at the earliest opportunity and wrongly disallowed, judgment will not be disturbed unless there has been a consequent failure of justice. ..... class .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC3270
..... indian christian of hindu origin will come within the purview of 'lineal descendant' or lineal consanguinity' and shall be entitled, under section 37 of the indian succession act, 1925 ..... shown by what law he intended to be governed as to these matters : and that he may have done so either by attaching himself to a class whichas to these matters has adopted and acted upon some particular law or by having himself observed some family usage or custom and nothing can surely be more just than that the rights and interest ..... section 29 specifically excludes the applicability of part v of the act to the property of a hindu and, therefore, for interpreting the provisions contained in this part ..... case of the appellant is that his ancestors were hindus who converted to christianity and continued to follow certain customs of hindus as provided in the mitakshara law including that of ..... under any intestacy or disposition, whether occurring or made before or after the making of the adoption order, or confer on the adopted child any right to or interest in property as a child of the adopter, and the expressions 'child', 'children' and 'issue' were used in any disposition whether made before or after the making of an adoption order ..... act, 1976, enacted in conformity with the provisions of european convention on the adoption of children contains provisions relating to the recognition of adoption and conferral of certain status on the adopted child and provides for devolution of property with peerage, etc .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2007All8; 2006(4)AWC3875
..... for the petitioners submitted that there is no provision for the filing of a succession certificate in an application for the substitution of their names and for the release of the compensation awarded by the district judge and therefore, the direction of the execution court was erroneous and against the provisions of section 214 of the indian succession act.5. ..... 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 to the estate of the deceased, or(ii) a certificate granted under section 31 or section 32 of the administrator-general's act, 1913 (3 of 1913) and having the debt mentioned therein, or(iii) a succession certificate granted under part x and having the debt specified therein, or(iv) a certificate granted under the succession certificate act, 1889 (7 of 1889),(v) a certificate granted under bombay regulation no. ..... the court below will decide as to who are the legal representatives of the original claimant on the basis of the evidence led by the parties and if the court below is satisfied that the petitioners are the legal ..... against an offer made by the special land acquisition officer, the claimant filed a reference under section 18 of the land acquisition act and an award was given by the district judge, against which, noida filed a first appeal before this hon'ble court in which an interim order for the payment of the compensation to the heirs .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2001All195
..... objection made a request for issue of certificate and therefore, for the purpose of sections 372, 373 of the indian succession act, 1925 the opposite parties shall be deemed to be applicants to issue succession certificate. ..... provisions of chapter x of indian succession act, 1925. ..... the facts giving rise to this revision are as follows :the applicant moved an application for issue of succession certificate regarding the estate of her husband claiming herself to be widow of panna lal, who ..... : no doubt it was true that the applicant alone has made the application for issue of succession certificate. ..... they requested that the application for issue of succession certificate of the applicant be rejected and the succession certificate be issued in ..... issue of succession certificate question could be decided in the application moved by the applicant itself and therefore, there was no necessity for moving of fresh application by the ..... fact is based on appreciation of facts and the entire evidence adduced by the parties concerned: learned counsel for the applicant could not point out any evidence or circumstances which might not have considered by the courts below or misreading of evidence ..... it is contended that allthese provisions provides for the issue ofcertificate in favour of the applicant and nowhere provides for issue of certificate ..... on the basisof these provisions it has been argued by thelearned counsel that the order for issue ofsuccession certificate in favour of the oppo-site parties .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2008All54; 2008(1)AWC551
..... the court below will accordingly, modify the succession certificate without imposing any such condition and, if necessary, take resort to the provisions of section 375 of the indian succession act.9. ..... in proceedings initiated under sections 372 and 373 of the indian succession act, the court does not enter into intricate questions of title. ..... in my opinion, the imposition of such a condition is clearly outside the domain of the jurisdiction of the court, while issuing a succession certificate under section 373 of the indian succession act. ..... part x of the indian succession act deals with the property in respect of which the succession certificate may be granted, to whom it may be granted, who may grant it, and the procedure for granting a succession certificate. ..... that the court is required to inquire whether the applicant is the representative of the person to whom the debt was alleged to be due. ..... the court does not have any jurisdiction to impose a condition namely, that the amount would be kept in a fixed deposit for a certain period of time. ..... the court below made the necessary enquiry and came to the conclusion that the petitioners were the rightful heirs and legal representatives of the deceased and further found that there were no other rival claimant. .....
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