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: punjab and haryana Page 1 of about 15 results (0.180 seconds)

Nachhattar Singh and ors. Vs. the State of Punjab Through Extra Assist ...

Court : Punjab and Haryana

Reported in : (1990)98PLR242

..... before discussing the case law cited at the bar by the counsel for the parties and in order to interpret the provisions of order 21 rule 15 of the code of civil procedure and 214 of the indian succession act, it is necessary to have a look at the bare provisions of the statutes which are as under :--'section 214, of the indian succession act; proof of representative title a condition precedent to recovery through the court of debts from debtors of deceased persons. ..... for payment of his debt to a person claiming on succession to be entitled to the effects of the deceased person or to any part thereof, or (b) proceed, upon an application of a person claiming to be so entitled, to execute against such a debtor a decree or order for the payment of his debt, except on the production, by the person so claiming, of- (i) a probate or letters of administration evidencing the giant 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, and having the debt mentioned ..... (2) where the court sees sufficient cause for allowing the decree to be executed on an application made under this rule, if shall make such order as it deems necessary for protecting the interests of the persons who have not joined in (he application'. 4. ..... since ticklish question of law had arisen in the instant case there will be no arder as to costs.

Mohammad Yunis Vs. Malooki Widow of Nabi Khan and ors.

Court : Punjab and Haryana

Reported in : AIR2004P& H115; (2004)136PLR330

..... 1999 kerala 93, section 118 of the indian succession act, 1925 was held to be violative of article 14 of the constitution on the ground that the said section:-'a) discriminates against ,1 christian vis-a-vis non-christianb) discriminates against testamentary disposition by a christian vis-a-vis non-testamentary ..... merit in this appeal in view of the pleadings of the plaintiff-appellant to the effect that custom was applicable to ancestral property and in view of concurrent findings of both the courts below that the suit property was ..... effectuation of the fundamental rights guaranteed in part iii and the directive principles enshrined in part-iv and the preamble of the constitution ..... -emption act, 1913 to the extent it conferred right of pre-emption on certain relations of a vendor, it was observed as under:-'the real question is whether a classification in favour of the kinsfolk of the vendor can be considered reasonable so as to justify a right of pre-emption in their favour for the purpose of preserving the integrity of the village community or implementing the agnatic theory of succession or ..... article i defines discrimination against women to mean 'any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose on impairing or nullifying the recognized enjoyment or exercise by women, irrespective of their marital status, ..... the aforesaid provision is based on the ..... will contribute significantly towards the promotion of equality between men and women etc .....

District Red Cross Society Vs. Joginder Pal

Court : Punjab and Haryana

Reported in : AIR2002P& H5

..... , 2000(3) rcr (civil) 187 (sc) : jt 2000 (5) sc 336, the hon'ble supreme court held, after considering the provisions of section 370 to 390 of the indian succession act as well as section 11 of the code of civil procedure, that any adjudication under part x does not bar the same question being raised between the same parties in a subsequent suit or proceedings.10. ..... under section 223, 236 of the indian succession act, society can obtain succession certificate. ..... it was submitted that succession case under section 388(3) of the indian succession act is final. ..... shri kartar singh who was produced by the society as witness had admitted that will dated 2.4.85 had been revoked by raj mohini and further admitted that when an application for withdrawal of will was moved by raj mohini, she was identified by a.s. ..... admittedly, no attempt has been made by defendants i to 4 to annul the succession certificate on the grounds available under the succession act. ..... probate case was filed in the court of shri bihari lal, sub judge first class, gurdaspur and the society moved application under section 10 cpc for staying the proceedings of the probate case saying that the same matter was involved in the succession case.2. ..... the lower court has also gone wrong in ignoring the fact that document is more than 30 years old and so there was no need to prove its attestation etc. ..... it was submitted that the society illegally detained all the moveable property and hence committed criminal breach of trust etc. .....

State of Haryana Vs. Raj Kaur

Court : Punjab and Haryana

Reported in : AIR2001P& H322

..... in this case the only question that is required to be determined is whether har narain had executed any will dated 25.8.1966 in favour of anant ram and jai bhagwan sons of fateh singh of his free will and volition and further whether this will stood proved in accordance with the provisions of section 63(c) of the indian succession act read with sections 67 and 68 ofthe indian evidence act.12. ..... section 63 it is quite plain that attention as postulated by clause (c) is a part of execution of a will. ..... not satisfied with the order of additional district judge, jind dated 24.5.1982 setting aside the order of sub judge tst class, jind dated 28.3.1981, state of haryana has come up in this regular second appeal to this court.10. ..... the suspicious circumstances may be as to the genuineness of the signature of the testator, the condition of the testator's mind, the dispositions made in the will being unnatural, improbable or unfair in the light of relevant circumstances or there might be other indications in the will to show that the testator's mind was not free. ..... the propounder succeeds in removing the suspicious circumstances, the court would grant probate, even if the will might be unnatural and might cut off wholly or in part near relations.'17. ..... if the propounder himself lakes part in the execution of the will, which confers a substantial benefit on him, that is also a circumstance to be taken into account and the propounder is required to remove the doubts by clear and satisfactory .....

Dhaman Vs. Jiya Lall and ors.

Court : Punjab and Haryana

Reported in : AIR2005P& H191; (2005)140PLR631

..... question of law that arises in the present case is as to whether a will, which is attested by only one witness, in contrast to the provisions of section 63(c) of the indian succession act, 1925, which enjoins that the will shall be attested by two or more witnesses, each of whom has seen the testator signing or affixing his mark to the will, would be an invalid and inadmissible document.4. ..... sub-clause (c) of section 63 of the indian succession act, 1925, which deals with execution of unprivileged wills, gives the mode of execution of a will. ..... once, the will is not properly executed, as per the provisions contained in sub-clause (c) of section 63 of the act, the same has to be held to be invalid and inadmissible ..... witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than ..... bare perusal of sub-clause (c) of section 63 of the act aforesaid would make it abundantly clear that the will has to be attested by two or more witnesses, each of whom has seen the testator signing or affixing his mark to the will. ..... plaintiff, being daughter of baru ram, claimed the share of his property and cash amount towards provident fund etc. .....

Shanti and ors. Vs. Bhagwani and ors.

Court : Punjab and Haryana

Reported in : AIR1984P& H313

..... of raghunath filed the present suit to claim succession to the half share of the estate on the basis that since ram kishan legatee predeceased the testator that half share reverted to the estate of raghunath under section 107 of the indian succession act, 1925 (hereinafter referred, to as 'the act'), and, therefore, they were entitled to share in that half share in accordance with the hindu succession act, 1956. ..... section 107 of the act was applicable and since one of the legatees predeceased the testator so the share of that legatee would fall under the residue of the testator's property and succession had to be considered under the hindu succession act ..... to show that the testator never intended that any part of his estate should go to them and if section 109 of the act is not applied then the legacy made to predeceased child will revert back to the testator and all his children will share the same. ..... section 109 of the act is an exception to sections 105 to 108 of the act, inasmuch as section 109 of the act would apply whenever a testament is made in favour of any child or children of the testator or lineal descendant or descendants of the testator or both of them, whereas in case the legatees are other than the child or lineal descendants of the testator, then provisions ..... the natural succession to males is governed by section 8 of the hindu succession act, 1956 read with schedule and class-i heirs include son, daughter, widow, mother; children of predeceased son; children of .....

Jagjit Singh Vs. Pritam Singh and ors.

Court : Punjab and Haryana

Reported in : (1994)106PLR95

..... exhibit d-1 has been proved in accordance with the provisions of section 63 of the indian succession act from the evidence of kewal krishan scribe as well ..... the will, the only legal requirement is that the executant must sign or execute the document in the presence of the witnesses and they should also attest it in the presence of the executant, as provided under section 63 of the indian succession act. ..... mode of proof, as required under section 63 of the indian succession act. ..... considered necessary to comment upon the constitutional validity of such a rule which prohibits documents scribed by advocates who have been duly enrolled for practice in law by the bar council under the provisions of the advocates' act, suffice it to say that the practice of law is not limited only to the advocates' appearance and arguing cases in courts or tribunals or semi quasi-judicial authorities. ..... observation made in some of the cases is that there should be a reason for execution of the will in favour of the persons other than the natural heirs, such a principle, strictly speaking, is not applicable to ..... mehar singh was unmarried and issueless, it was natural on his part to bequeath or transfer his property in favour of those persons who ..... may be for certain reasons jagjit singh in the matriculation examination described himself as son, of original father, however, that is not considered enough to hold ..... was not ancestral qua pritam singh etc plaintiffs and mehar singh. ..... mal etc. ..... singh, and pritam singh etc. .....

Joginder Pal Vs. Indian Red Cross Society and ors.

Court : Punjab and Haryana

Reported in : (2000)125PLR280

..... his contention is that the application for succession certificate was filed under section 372 of the indian succession act, 1925 and has contended that proceedings for the grant of succession certificate are sum mary proceedings and are not ..... of all, i would like to refer to the provisions of section 370 of the act, which lays down that a succession certificate shall not be granted under this part with respect of any debt or security to which a right is required by section 212 or section 213 to be established by letters of administration or probate ..... the learned counsel has argued that the perusal of the above said facts and the observations made in above referred authorities go to show that proceedings under section 372 of the indian succession act, 1925 are bf summary nature and do not bar the filing of a suit for the determination of a question of ..... counsel has argued that the bare reading of this section would show that proceedings under chapter x of the indian succession act, 1925 are of summary nature and the decision of a court under this part does not finally adjudicate the rights between the parties. ..... be repelled on two counts; firstly, it will be seen by the trial court itself after entertaining the written statement whether the provisions of res judicata are applicable and; secondly, before any finding can be given, it will become necessary for the parties to the suit to place on record the order passed by the succession court as well as the pleadings of the parties, etc. .....

Smt. Savitri Devi and ors. Vs. Smt. Shimla Devi

Court : Punjab and Haryana

Reported in : (1993)105PLR658

..... thus, in a suit like the present one, where the suit is for possession of land, section 214 of the indian succession act will not be attracted and resort shall have to be made to the provisions contained in order xxii....... ..... according to him, section 214 of the indian succession act, 1925 only bars the institution of the execution application and not for proceeding with such applications which may have been instituted also contended that the judgment relied upon by the trial court (1990 p.l.j. ..... section 214 of the indian succession act provides as follows:-'section 214: proof of representative title a condition precedent to recovery through the court of debts from debtors of deceased persons :- (1) no court shall- (a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to be entitled to the effect of the deceased person or to any part thereof, or (b) proceed, upon an application of a person claiming to be so entitled, to execute against such a debtor a decree or order for the payment of his debt except on the production, by the .....

Bikkar Singh and Another Vs. Jangir Kaur and Others

Court : Punjab and Haryana

..... of the will dw-1 and the sub registrar where the will was got registered, did not prove the authenticity of the ..... on the date of registration of the will, movable and immovable property rights were given to bikkar singh by way of general power of attorney and (v) the fact that baldev singh in his cross examination admitted that bikkar singh was not adopted by buta singh was also taken into consideration and accordingly, it was held that the will was not genuine and was not proved under the provisions of indian succession act, 1925 as mere examination of the scribe ..... . 1 that he had rights on the basis of the registered will cannot also be accepted as under section 63(c) of the indian succession act, 1925, the will had to be provced by examining the attesting witnesses, which has not been done and only the scribe had ..... the application is allowed, in view of the averments made in the application, which are duly supported by ..... . the fact that the propounder took active part in the will would be valid ground to reject the same and there was no reason for the deceased to deny the fruits to her daughters and pass on the immovable property to the nephews from her brotherhood in .....