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 Court: kerala Page 1 of about 7 results (0.162 seconds)

Preman Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1999Ker93

..... section 57 of part vi deals with the application of certain provisions of that part to class of wills made by hindu, etc ..... aggrieved against section 118 of the indian succession act, 1925, they have filed the original petitions to declare the said provision as unconstitutional, discriminatory, arbitrary and violative of articles 13(1), 14, 15(1), 25 and 51a of the constitution of india and to direct the state government to exempt christians from section 118 by invoking section 3 of the indian succession act since section 118 is violative of article 14 of ..... uses :-- no man having a nephew or niece or any nearer relative shall have power to bequeath any property to religious or charitable uses, except by a will executed not less than twelve months before his death, and deposited within six months from its execution in some place provided by law for the safe custody of the wills of living persons.section 118 is not applicable to hindus, mohammadans, buddhists, sikhs or jaina as per section 58 of the act. ..... section has no application in the case of hindus and such a bequest made by a hindu for charitable and religious purposes is not governed by this section ..... after independence, the indian parliament brought about radical changes in the marriage law applicable to hindus, parsis and even to foreigners living in india by incorporating progressive and realistic grounds ..... as a result of the above provisions, wills made by hindus, buddhists, sikhs or jaina on or after 1927 must be reduced to .....

Thresia and anr. Vs. Kochuthommen

Court : Kerala

Reported in : AIR1991Ker337

..... general under section 29 of the administrators general act, 1963 but without obtaining a probate from the district court under the provisions of part ix of the indian succession act, 1925, the civil court can grant relief to legatee under a will from a person to whom the provisions of part ix ..... provisions of parts viii, ix and x of the indian succession act have application without reference to the value of the estate, the provisions of section 29 of administrators general act ..... made abundantly clear by section 53, according to which, provisions of the indian succession act cannot supersede or affect the rights and duties and privileges of any administrator general as also section 391 of the indian succession act which states that nothing in part viii, part ix or part x of that act shall affect the administrators general act ..... of the relevant provisions of the administrators general act reveals the legislative intention to simplify the procedure by which certain classes of legateesor other ..... section (1) of section 214 states, inter alia, that no court shall pass a decree against a debtor of deceased person for payment of his debt except on the production by the person so claiming of a probate or letters of administration evidencing the grant to him of administration to the estate of the deceased, or a certificate granted under section 31 or section 32 of the administrators general act, 1913 mentioning the debt therein or a succession certificate granted under part ix of the act etc .....

Viyyumma and ors. Vs. Official Liquidator

Court : Kerala

Reported in : [1999]98CompCas571(Ker)

..... the only direction that can be issued to the liquidator is the one to pay out the amounts to the applicants on their producing a succession certificate in terms of section 214 of the indian succession act or if permissible a certificate from the administrator-general under the relevant act. ..... there has also to be a determination that this is a debt due to the deceased or to the estate of the deceased within the meaning of section 214 of the indian succession act. ..... section 214 of the indian succession act is clearly attracted. ..... moreover, the indian succession act and the rules framed thereunder provide for a procedure to be followed before the issuance of a succession certificate so as to ensure that the representation is given only to the duly qualified person after hearing objections if any received in that behalf. ..... this also indicates that the proper course to adopt is to insist on the production of a succession certificate, or a certificate from the administrator-general in appropriate cases, before orders are made for payment out of amounts due to the deceased. ..... there is no warrant for by passing such procedural safeguards made under the indian succession act. ..... 8,136 sanctioned as dividend to one unniyankutty on a claim made by one viyyumma the first petitioner. .....

Vishalakshi Vs. Bank of India

Court : Kerala

Reported in : AIR2006Ker255; 2006(2)KLT488

..... the powers conferred by sub-section (ql) of section 388 of the indian succession act, 1925 (act xxxix of 1925), and in supersession of all previous notifications investing courts of subordinate judges with power to exercise the functions of a district judge under part x of the said act, the government of kerala hereby invest all courts of subordinate judges in the state with power to exercise the functions of a district judge under part x of the act within the local limits of their ..... behalf of, a local authority;(e) any other security which the (state government) may, by notification in the official gazette, declare to be a security for the purposes of this part.the fact that a succession certificate can be issued only in respect of a debt or security is further reinforced from the wording of sub-section (3) of section 372 which clarifies that an application for a succession certificate can be made in respect of any debt or debts due to a deceased creditor or in respect of portions there of. ..... under sections 371 and 372 of the indian succession act praying for a succession certificate in respect of certain bank ..... learned counsel for the appellant submitted that sections 30 and 192 of the indian succession act will indicate that a succession certificate can be granted in respect ..... the deeming provision under section 30 of the act is for considering the circumstances under ..... par market valueof security number or letter of class of value security ondatesecurity security of applicationfor .....

Thomayar Vs. Mary

Court : Kerala

Reported in : 2004(1)KLT863

..... the question whether plaintiff and defendants are governed by the hindu mitakshara law in matter of succession and inheritance the court below took the view that the law applicable to the parties is section 5 of the indian succession act and not the provisions of the indian succession act. ..... shows that the parties renounced their personal law and the law applicable to the parties is section 5 of the indian succession act for the purpose of inheritance and succession and not by the provisions of hindu mitakshara law.7. ..... us through the decision of this court in lurthu mary amma's case, 1987 (1) klt 288, wherein a division bench of this court examined the scope of section 29(1) of the indian succession act and its applicability to vaniya christians community in chittur taluk. ..... according to the plaintiff, law applicable for the purpose of inheritance and succession is indian succession act, according to the plaintiff, plaintiff and defendants are entitled to get one-fourth share each from the ..... 1986 klt 508 (sc), 1986 (2) scc 209 on christian inheritance held as follows:'the supreme court held that on the coming into force of part b states (laws) act, 1951, the travancore christian succession act, 1092, corresponding to chapter ii of part 5 of the indian act was repealed and that intestate succession in the case of members of the indian christian community in the territories of the erstwhile state of travancore was governed by, the indian act. ..... trial court will dispose of the matter as .....

Suseela and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : (1993)ILLJ573Ker

..... case, the finding entered by the executive authorities contrary to what was decided by the court in the proceedings for the grant of succession certificate was held to be unsustainable on the ground that if it is a question of choice between the judicial decision in proceedings initiated under the indian succession act and the administrative determination without notice to the parties which a revenue officer conducted, it is the former which was invariably to be ..... a decision favouring the findings of the civil court entered in proceedings under the indian succession act for the issuance of a succession certificate to that of an administrative authority in an enquiry without notice to all ..... proceedings under the indian succession act for the issuance of succession certificate contemplates notice by due publication as prescribed by law to all parties interested in the estate ..... decree passed in a suit between two sets of rival claimants to the estate of a deceased person cannot be equated with the findings of a civil court in a proceedings under the indian succession act for the issuance of a succession certificate. ..... observe that if any one of them receives the entire terminal benefits as legal heirs of sahadevan, the other parties to the suit will have a claim to part of the amount as per ext. ..... that decision is not applicable to the facts of the ..... interested parties to the detriment of genuine successors-in-interest of the deceased cannot be ruled out with certainly in such a case. .....

B.Manomohan Vs. Sree Rama Dasa Mission

Court : Kerala

..... i hasten to add that the order granting succession certificate if any is very much appealable under section 384 of the indian succession act, 1925. ..... decision in such proceedings under op (c) no.2901 of 2013 2 s.372 of the indian succession act, 1925 would not also operate as res judicata in any subsequent suit." 2. ..... a succession certificate under the indian succession act, 1925 can be granted only in respect of 'debts' or 'securities' to which the deceased was ..... whether the succession certificate has to be granted or not to the applicant is yet to be decided by the court below on ..... the court below is directed to expedite the proceedings after hearing the contentions of all the parties including the question as to whether the applicant is entitled to the grant of a succession certificate or not. ..... the main object of a succession certificate is to facilitate collection of debts on succession and afford protection to the parties paying debts to the representative of deceased ..... -p12: photocopy of the restoration application dated2103.2009. ..... the holder of such a succession certificate can only hold the property as a trustee and the same does not confer any title on the ..... o.p (c) no.2901 of 2013 --------------------- dated this the 27th day of august, 2014 judgment the court below has by the order impugned only held that an original petition for the grant of a succession certificate is maintainable. ..... of 2013 (o) --------------------------- ia.no.608/2008 in op (succession) no.56/2007 of i addl. .....

Manoj Kabeer Vs. Fareeza Sulaiman

Court : Kerala

..... 2012 ------------------------------------------ dated this the 1st day of october, 2013 order the challenge in this revision petition is the order passed by the learned munsiff on an application filed under section 376 of indian succession act. ..... succession) no.14/1996 was filed by the deceased father of the 1st plaintiff under section 372 of indian succession act ..... for the petitioners submits that no period of limitation, as such, is prescribed for extension of a certificate issued under the indian succession act. ..... submitted by the learned counsel for the petitioners that there may also be a case where the deceased may not have disclosed to his legal heirs as to the deposit of money or other valuables made by him, for the realisation of which a succession certificate may be required. ..... petition was mainly filed for issuance of a succession certificate for certain amounts which the petitioners therein were entitled to ..... the learned munsiff will proceed further for the issuance of the certificate by collecting the court fee etc, after ascertaining the value of the gold/amount which the petitioners are to receive from ..... 105/2012 -6- upon the term or period of deposit made by the deceased and when the legal heirs are intimated of ..... there is force in the submission made by the learned counsel for the petitioners that the right to apply for a certificate or for extension of the certificate would not get extinguished as it is capable of being exercised as long as the right to collect money or .....

Kunjunjamma and ors. Vs. Rosamma

Court : Kerala

Reported in : 2009(1)KLJ865

..... it was in that context the observations were made after referring to relevant provision made in part-x of indian succession act. ..... kamtra devi : air1954sc280 , while dealing with the jurisdiction of the probate court under section 222 of the indian succession act, it was held by the apex court that the probate court is only concerned with the question as to whether the document put forward as the last will and testament of the a deceased person was duly executed and attested in accordance with law and whether at the time of such execution the testator had sound disposing mind. ..... but as already noticed, the court below was of the view that being a decision in rem, it binds on all and the further finding that will has not been revoked and it is based on the will that the mother of the plaintiff has executed, etc, are only interference drawn from the finding based on the judgment of the letters of administration o.p. ..... section 373 deals with the procedure of application and it says that if the district judge is satisfied that there is a ground for entertaining the application, he shall fix a day for the hearing thereof and cause notice of the application and of the day fixed for the hearing, and upon the day fixed, or as soon thereafter as may be practicable, shall proceed to decide in a summary manner the right to the certificate. ..... by the district court, on the finding on certain issues, which are contended to be beyond the scope of jurisdiction of a probate court. .....

Lakshmi and anr. Vs. Nalini

Court : Kerala

Reported in : 2008(1)KLJ123

..... it is true that under section 373 of the indian succession act, what is contemplated is a summary enquiry and when the subject matter is a will if there is prima facie evidence of its due execution and that it is not shrouded with any suspicious circumstances then the court can act upon it without going further into the matter.10. ..... the points that arise for determination are: (1) whether the trial court had travelled beyond the scope of enquiry under section 373(3) of the indian succession act and (2) whether there are any valid grounds to interfere with the decision rendered by the trial court.6. ..... points 1 & 2: under section 373(3) of the indian succession act, the district judge is only expected to conduct a summary enquiry and if he finds that the matter requires a detailed adjudication he can direct the party to resort to other litigations and if he is prima facie, satisfied he may issue a succession certificate. ..... thimmajamma : air1959sc443 held that the party propounding a will or otherwise making a claim under a will is no doubt seeking to prove a document and, in deciding how it is to be proved, reference must inevitably be made to the statutory provisions which govern the proof of documents. ..... if really, the husband had nothing to do with the wife and she had been kept away from his mind, certainly he would not have written such a letter toher on 20-9-2000, i.e. .....