Court : Rajasthan
Reported in : AIR1959Raj243
..... section 57 then is in these terms: 'application of certain provisions of part to a class of wills made by hindus, etc. ..... it appears to have been strenuously urged before the learned district judge that the trial court should not have decided that the will could be given effect to even though it was unprobated, without framing an issue on that point, and that in any case that court had fallen into error when it came to the conclusion that section 213 of the indian succession act, 1925 (act no. ..... 39 of 1925) (hereinafter referred to as the indian act) was applicable to the prescnt case and not section 213 of the jaipur succession act, 1943 (act no. ..... subsequently filed suits for their allowances and it so happened that at the time the suits were instituted, no letters of administration had been granted but pending the suits, letters of administration with the will annexed had been obtained.it was contended that the suits could not be maintained with reference to the provisions of section 187 of the succession act which was then in force which required that before a right of a legal tee could be established, probate of the ..... prasanna kumari dasi, ilr 38 cal 327, and it was laid down that the provisions of section 187 of the old succession act (corresponding to section 213 of the act of 1925) were complied with as the probate was obtained before the decree, though after the commencement of the suit. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1976WLN(UC)102
..... roshan bai and dharam chand, filed two separate applications for the grant of succession certificate under section 372 of the indian succession act. ..... this civil miscellaneous first appeal under section 384 of the indian succession act is directed against the judgment of the district judge, udaipur dated 27-2-1971.2. ..... it may be mentioned her that under section 375(1) of toe indian succession act, she district judge is bound to require as a condition precedent to the grant of a certificate that the person to whom the grant it made should furnish security in cases coming under sub-sections (3) & (4) of section 373 as already remarked above, the present case squarely fact within the ambit of sub-section (3) of section 373 and it was the bounden duty of the learned district judge to require security from dharam chand as a condition precedent to the ..... he also pointed out certain suspicious circumstances which according to him show that the said will was never executed by ms. ..... i accordingly allow the appeal in part and while maintaining the order passed by the learned district judge, modify it to this extent only that the succession certificate shall be granted to dharam chand only on his furnishing security to the tune of rs. ..... 4,000/- with one surety with stipulation that he shall render the account of debts and securities received by him and also indemnity persons who may be entitled to the whole or any part of those debts and securities.7. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj189; 1974(7)WLN165
..... provision which applies to the facts of the case must be applied and section 214 of the indian succession act has no application to a ..... and the bar put by section 214 of the indian succession act cannot deprive the surviving decree- ..... provisions of section 214 of the indian succession act are mandatory in nature and, therefore, unless compliance has been made by the legal representatives of the deceased decree-holder and a succession ..... between the provisions of section 214 of the indian succession act and order ..... made it clear in his ..... section 214(1)(a) and (b) of the indian succession act and the principle on which the provision of the law was based, observed as follows :'now, in our opinion, the main purpose of section ..... application ..... ..... provision is ..... provisions of section 214 of the indian succession ..... section 214 of the indian succession act would apply to the circumstances of that ..... provision therefore, does not come in conflict in any manner with the provisions of section 214 of the indian succession act which, no doubt, creates a bar for carrying out the execution without obtaining the ..... ..... provisions of section 214 is kept in view, then the natural interpretation of clause (b) would be that no court shall proceed to execute a decree or order for payment of debt against a debtor in case the decree-holder expires, unless the person claiming to be entitled to execute the decree in place of the deceased-decree-holder obtains a succession .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1987Raj109; 1987(1)WLN246
..... section 214(1)(a) of the indian succession act, is only a restriction on the passing of a decree in favour of the representatives of a deceased creditor without obtaining a succession certificate but there is nothing in this provision to the effect that the legal representatives shall not be substituted without obtaining a succession certificate or the trial of the suit shall not be proceeded without obtaining a succession ..... recovery through the courts of debts from debtors of deceased persons :-- (1) no court shall-(a) pass a decree against a debtor of adeceased person for payment of his debt to aperson claiming on succession to be entitledto the effects of the deceased person or toany 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, ..... 410 it has been held that the legal representative of the deceased plaintiffs claiming under a will can be added as legalrepresentatives of the deceased plaintiff and it is not necessary that a ..... cause the legal representatives of the deceased plaintiff to be made a party if the application is made within time and the right to sue survives and proceed ..... section goes to show that a court cannot pass a decree against adebtor of a deceased person for payment of his debt, to a person, claiming on succession, to be entitled to the amount without obtaining a succession certificate etc .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj197; 1974(7)WLN398
..... section (b) of section 4(1) clearly indicates that any other law, which term includes the jaipur act of 1947, in force immediately before the commencement of the act, namely, the succession act, would cease to apply to the hindus in so far as it was inconsistent with any of the provisions contained in the succession act ..... act, or any central act or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not- (a) revive anything not in force or existing at the time at which the repeal takes effect; the repeal by section 31 of the succession act completely wiped out the indian act of 1937 and a subsequent repeal of section 31 had not the effect of reviving the indian act ..... the gujarat high court held that the partition of the first floor could not be ordered in view of the provisions of section 23 but that of the other parts of the property, which were not in occupation of the family, partition was perfectly permissible, the calcutta case ..... a hindu intestate has left surviving him or her both male and female heirs specified in class i of the schedule and his or her property includes a dwelling house wholly occupied by members of his or her family, then, notwithstanding anything contained in this act, the right of any such female heir to claim partition of the dwelling house shall not ..... instituted a suit for partition of certain immovable and movable properties in the ..... will .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1996Raj6; 1995(2)WLC640; 1995(1)WLN480
..... a perusal of the provisions of section 276 of the indian succession act, under which probate was claimed will show that all that is to be ascertained by the court in proceedings under that section is, whether the will has been executed as required by law and is proved as required by section 63 of the indian succession act. ..... 2 of 1994, confirming the judgment dated 4-12-93 passed by the district judge, jodhpur, granting probate of a will under the indian succession act, 1925.2. ..... (5) that as per section 295 of the indian succession act, 1925, on contest the proceedings partake character of a suit, in such a case, it was incumbent upon the respondent-plaintiff to have pleaded the factum of the appellant being married wife of shri sohanlal and the alleged divorce, so that ..... during the course of arguments, an application was filed under order 41, rule 2 of the code of civil procedure, for raising additional grounds as under :--(1) that even assuming, though not admitted that the will is held to be proved, the p.f. ..... in the proceedings, it was submitted by the respondent sita devi, in whose favour the will is made, that suraj devi was divorced in 1948 and the deceased sohanlal stayed with his brothers and sister and the sister used to look after him and, therefore, out of natural love and affection the will was voluntarily executed by sohanlal. ..... the gratuity payable to him was, therefore, certainly a property within the meaning of section 6. ..... the question of presumption etc. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987WLN(UC)446
..... section 213 of the indian succession act, 1925 makes it clear that sub-section (1) of the said section, in its application to the hindus, applies only in the case of wills made by them, where such wills are of the classes specified in clauses (a) and (b) of section 57 of the indian succession act, 1925 ..... provisions of section 13(3) of the rajasthan premised (control of rent and eviction) act, 1950, the plaintiffs were not entitled to get a decree for ejectment against the appellant on grounds of arrears of rent, the first appellate court has not passed any decree in favour of the plaintiffs for arrears of rent which had fallen due during the life time of of deceased lunidamal and, therefore, the bar created by section 214(1)(a) of the indian succession act, 1925 ..... a will of the classes specified in clauses (a) and (b) of section 57 of the indian succession act, 1925, clearly, therefore, no probate of the will was ..... section 214 of the indian succession act, 1925. ..... alleged that the will executed within the territories mentioned in clause (a) of sub-section (2) of section 213 or that it related to the property situated within the territories mentioned in clause (b) and clearly, therefore, the provisions of sub-section (1) of section 23 of indian succession act, 1925 were not attracted ..... also advanced that in any event, no decree for arrears of rent which had fallen due during the life time of decased lunidamal could be passed unless a succession certificate was obtained by the plaintiffs. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj2490
..... , in brief, are that an application under section 276 of the indian succession act came to be filed by the respondent for the grant of letters of administration based upon the alleged will executed by the deceased shradha mata @ parwati devi daughter of shri shamsher singh who died on 29.7.1994 at jaipur within the jurisdiction of the court at jaipur leaving behind the properties as mentioned in the schedule appended to the said application. ..... importance as it was sought to be contended that the present objections were not in the form of caveat as strictly provided under the schedule-v of the indian succession act, 1925 and hence, the requirement of submitting an affidavit was not attracted. ..... -(1) subject to the other provisions of this part, an appeal shall lie to the high court from an order of a district judge granting, refusing or revoking a certificate under this part, and the high court may, if it thinks fit, by its order on the appeal, declare the person to whom the certificate should be granted and direct the district judge, on application being made therefor, to grant it accordingly, in supersession of the certificate, if any, ..... for these considerations we hold that whether what the appellant filed in this case was strictly a caveat or not, it was certainly something in the nature of a caveat which falls within the four walls of rules 777 and 778, and, therefore, it was necessary for the appellant to have filed an affidavit in support of his objection as required by rule .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj273
..... application for execution, the bar provided by section 214(1)(b) of the indian succession act, 1925, might have come in their way, but since they had presented an application merely for substitution of the names in place of the deceased and had prayed for proceeding with the execution application filed by the deceased, it was not necessary for them to obtain a succession ..... on the interpretation of section 214(1)(b) of the indian succession act, it would be proper to reproduce it here in order to appreciate the arguments advanced from both the sides it reads as under:'section 214-- (1) no court shall-- (a) pass a decree against a debtor of a deceased person for pavment 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 ..... provisions were made in the interests of debtors and judgment-debtors, it cannot be accepted that the legislature did not make any provision in the interest of judgment-debtors when a decree-holder died after he had filed an application for execution.till a decree is executed and satisfied, there is no difference in the two positions of a decree-holder dying before an application for execution was filed and of a decree-holder dying during the pendency of an application ..... was further observed as follows:''it will be seen that the object of making provision for production of a certificate of succession in section 214 was to protect interest .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj338; 2002(5)WLC868
..... suit was filed under section 372 of the indian succession act, 1925 stating therein in the application that the deceased sudershan bhatia, husband of smt ..... brother during his lifetime; he having no interest or concern with the firm at jaipur owned by his brother and poonam bhatia, but all of a sudden he was made all and all in the will about this firm; house which was not exclusively owned by the testator could not be willed to the beneficiary; non-mentioning of the details of the properties arecertain circumstances on which the defence stands falsified apart from the fact that even the ..... poonam bhatia, but still argues that there was no marriage between the parties, he contradicts himself; it does not lay in the mouth of the appellant to say now that because of the reason that there was certain strained relations between poonam bhatia and her former husband or that poonam bhatia had not got her passport changed after marriage and was carrying the passport which was ..... ramchandra vithal ganeshkar air 1995 sc 2086, it was held that the propounder taking prominent part in execution of will which confers substantial benefits on him, shaky signature, feeble mind which is likely to be influenced, unfair and unjust disposal of property, were not present in the will and, therefore, it could not be considered that the will was involving any suspicious circumstance.59. ..... bhatia had stated that mahar house was purchased in her name, so were the other plots in durgapura and malviya nagar etc. .....
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