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 5 of about 549 results (0.325 seconds)

Atul Maithel vs.state Bank of India & Anr

Court : Delhi

..... directing issuance of succession certificate to the petitioner on filing of court fees and an indemnity bond for the value of the debts and securities detailed in schedule-a to the petition filed for obtaining succession certificate under section 372 of the indian succession act, 1925.2. 3. ..... of the day fixed for the hearing (a) (b) to be served on any person to whom, in the opinion of the judge, special notice of the application should be given, and to be posted on some conspicuous part of the court-house and published in such other manner, if any, as the judge, subject to any rules made by the high court in this behalf, thinks fit, and upon the day fixed, or as soon thereafter as may be practicable, shall proceed to decide in a summary manner the ..... what follows from the aforesaid provision is that when the judge decides the right to the debts and securities with respect whereto succession certificate is claimed to belong to the applicant, the judge can make an order for the grant of certificate to the applicant under section 373(2) and in such a case section 375(1) does not require the grantee to furnish any bond with sureties ..... , if any person holding such debts and securities refuses to return the same to the grantee or disputes debts and securities, the grantee will have to initiate appropriate proceedings for recovery thereof and the proceedings for grant of succession certificate are by no stretch of imagination, proceedings for recovery or for mandatory injunction.15. .....

Sushila Devi vs.state and Ors

Court : Delhi

..... be questioned and in subsequent proceedings it may be held to belong to other claimant, including the contesting party; (ix) the grant of succession certificate falls under part x of the indian succession act, range whereof is between sections 370 to 390; section 387 declares the effect of the decisions made under the act and the liability of holder of such certificate; it lays down that any decision made under part x upon any question of right between the parties shall not bar the trial of the same question in any ..... it was reasoned that succession certificate does not conclusively determine the rights of the parties in the matter of disputes between the parties and therefore grant of succession certificate cm(m) no.985/2017 page 5 of 7 will not amount to a 'decree' within the meaning of section 2(2) of the cpc. ..... merely because an applicant for succession certificate has averred in the petition that the debts and securities mentioned in the application are due to the deceased, is no proof of the said debts and securities being due to the deceased and a proceeding for grant of succession certificate is not meant for adjudication of the said issues. ..... however, the same will not change the position in law and will not make an order of grant of succession certificate or succession certificate executable, as was sought to be done.15. .....

Smt. Nirmala Choudhary and ors. Vs. Smt. Kamla Devi

Court : Madhya Pradesh

Reported in : 2003(3)MPHT240; 2003(3)MPLJ509

..... 15/2001, petitioners have preferred this revision petition under section 115 of cpc read with section 388(3) of the indian succession act, 1925.2. ..... only on two points -- (1) it was not referred in the application under section 372 of indian succession act; (2) keshav tripathi (p.w. ..... rival claims of legally married wife nirmala choudhary vis-a-vis kamla devi are not to be adjudicated while deciding the application under section 372 of indian succession act.4. ..... will is required to be proved in a manner described under section 63 of the indian succession act. ..... the succession certificate issued under section 374 of indian succession act only empowers the grantee to recover the ..... was not proved duly executed as required under section 63 of the indian succession act. ..... on the death, an application under section 372 of indian succession act was filed for issuance of his succession certificate in respect of debt, securities of late dr. b.k ..... in the petition under section 372 of indian succession act, there was no reference of the will, however, will dated 10-1-99 (ex. ..... vide impugned order dated 25-2-2002, the appeal was allowed in part directing that the respondent is entitled to seek succession certificate in respect of debt, securities of late dr. b.k. ..... , order dated 8-10-2001, passed by 3rd civil judge class-i, bhopal in mjc no. ..... rejecting the objection, civil judge class-i, bhopal, in mjc no ..... 2001 reversing/modifying the order dated 8-10-2001 passed by 3rd civil judge, class-i, bhopal in mjc no. .....

Mahilapranam, S. and anr. Vs. Jamina Mosque Executive Committee, Throu ...

Court : Chennai

Reported in : (1996)1MLJ268

..... procedure code confers a right on them apart from the general law to execute the decree in their own right and for the benefit of themselves as well as the heirs of the deceased decree-holder, such a specific 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 case of joint decree-holders where there are other decree-holders surviving the deceased decree-holder. ..... , as he then was, has held that section 213, indian succession act is procedural and not a substantive provision and applies to wills of anterior dates even if registered under travancore wills regulation act. ..... the instant case is a special one for which specific provision is made in the code of civil procedure namely the case of a number of joint decree-holders. ..... (2) where the court sees sufficient cause for allowing the decree to be executed on an application made under this rule, it shall make such order as it deems necessary for protecting the interests of the persons who have not joined in the application.13. ..... , the principles of joint decree-holder executing a decree can be made applicable only if the decree itself is passed in favour of more than one person and the same is not applicable where the legal representatives of a decree-holder are impleaded. .....

Ponnuswamy Vs. V. Santhammal and ors.

Court : Chennai

Reported in : (1998)2MLJ332

..... section and the execution will not be barred by the non-production of succession certificate.for passing a preliminary decree or final decree for sale of the property or even execution of the decree thereof for the realisation of the mortgage money in a suit for its execution instituted by the legal representatives of the mortgagee, they shall not be asked to produce a succession certificate as required by section 214 of the indian succession act, 1925, as the debt defined in that section ..... succession certificate ignoring the mandatory provisions of section 214 of the indian succession act ..... referred to rate of interest for the loan, the letter was not intended to be an integral part of the transaction between the parties and did not by itself operate to create an interest in the immovable property and, therefore, it did not require registration.13. ..... that this was not a writing which the parties has made as the evidence of their contract, but only a writing which was evidence of the fact from which the contract was to be ..... to prove a valid equitable mortgage by deposit of title deeds.i do not think that the decision has any application to the facts of the present case. ..... deeds is a form of mortgage recognised by section 58 (f), transfer of property act, which provides that it may be effected in certain towns (including calcutta) by a person delivering ..... between the parties to create a mortgage and no registered instrument is required under section 59 as in other classes of mortgage. .....

Vijay Kumar Vs. Smt. Hemlata Judgement Given By: Hon'ble Shri Just ...

Court : Madhya Pradesh

..... revision under section 388(3) of the indian succession act, 1925 has been filed challenging the orders passed by the trial court and the appellate court in the matter of rejecting a application for grant of succession certificate in a proceeding held under section 372 of the indian succession act, 1925. ..... accordingly, petitioner filed an application under section 372 of the indian succession act, 1925 and respondents no.2 to 5 who are other surviving legal heirs of ..... applicant had requested for grant of succession certificate to run saw mill and if he was a legal heir entitled to succeed to the estate of his mother in accordance to ..... the statutory authority had to decide the question of succession in accordance to law without being concerned as to for what would be the effect of licence to run the saw mill has ..... bai on the ground that the licencee has died, licence was cancelled and thereafter petitioner made efforts for renewal of the licence and its transfer and registration in his name. ..... court is directed to reconsider the matter and decide the question of grant of succession certificate on merits in accordance to law after considering observation made hereinabove. ..... or condition of saw mill are of no consequence, when original owner of the saw mill was no more in existence, the legal heirs have a right to seek possession of the same and use it in accordance with law or to sell it etc.merely because the licence to run saw mill has expired the succession certificate can not be denied. .....

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. .....

A. Ramaswami Vs. K. Venkamma

Court : Andhra Pradesh

Reported in : AIR1963AP135

..... in ilr 16 mad 64 it was ruled by a bench of the madras high court that a succession certificate under section 4 of act vii of 1889, which corresponds to section 214 or the indian succession act 39 of 1925, was not necessary for obtaining a decree for foreclosure or sale by the heirs of the mortgagee, as, in such a case, the suit could not be regarded as ..... 1956 on the file of the subordinate judge's court, anantapur, raises the question as to whether a succession certificate should be obtained under section 214 of the indian succession act (39 of 1925) by the legal representatives of the decree-holder when they seen to execute the decree for sale of the ..... the madras, bombay, calcutta, patna and rangoon high courts had taken the view that section 214 of the indian succession act (39 of 1925) was inapplicable to such decrees, dissenting from ilr 16 fill 259 (f.b.). ..... in our considered opinion, the debt contemplated by section 214 of the indian succession act would not govern a decree for the enforcement of the mortgagee's right as against the mortgaged property, as it is ..... on the contention that the application was not maintainable without a succession certificate under section 214 of the indian succession act 4. ..... it was pointed out by the learned judges in ilr 29 mad 77 that the distinction made in the full bench case by the allahabad high court between suits for foreclosure and suits for enforcement of mortgage rights as against the mortgaged property could not be sustained and they .....

Virendra Singh Pal Vs. Kashibai and ors.

Court : Madhya Pradesh

Reported in : AIR1998MP324; 1998(2)MPLJ203a

..... the provisions contained in section 63 of the indian succession act stipulates that the signature or mark of the testator, shall be so placed in the will so as to appear that it was intended thereby to give effect to the writing as a will, which shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to 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 ..... feeling aggrieved by the order dismissing his appeal directed against the rejection of the application filed by the appellant under section 372 of the indian succession act for obtaining a succession certificate, he has now come up in this letters patent appeal seeking redress praying for the ..... husband and wife, cohabited together had three children and were regarded and recognised by friends and relations as husband and wife and enjoyed such a repute in general public, sufficient ground is made out for raising a presumption about the existence of a marriage and such a marriage in law carries with it the same rights and obligations on the parties as originate and flow from establishing a marriage ..... uma all fell within the category of the heirs of class i of schedule i to the hindu succession act and as provided under section 8 thereof, were entitled to succeed the interest of narainsingh pal, ..... brought on record and our conclusions indicated hereinabove this appeal succeeds in part.26. .....

In the Matter of Mohanaprakasam

Court : Chennai

Reported in : AIR1975Mad30

..... under section 371 of the indian succession act the jurisdiction of the court is made to depend upon one of the two circumstances, namely, either ordinary residence of the deceased at the time of his death or in the absence of any fixed place of residence the situation of any part of the property within the jurisdiction of the court to which the application is made. ..... but the fact that in that suit a decree was passed with, reference to some of the properties specified in the schedule to this petition would not confer jurisdiction on this court to issue a succession certificate: in view of the clear provisions, of section 371 of the indian succession act. ..... 109 of 1954 on the file of this court against the late pachayappa mudaliar and his wife and thillai natarajan and by a decree dated 3-1-1957, this court allotted certain items to the minor mohanaprakasam and three life insurance policies which are the subject-matter of this petition, were directed to be assigned by the deceased pachiappa mudaliar in favour of mohana-prakasam, but before the assignment ..... section 300 of the indian succession act cannot be invoked in support of this petition for the issue of a succession certificate mechanically in this court for that section occurs in chapter iv of part ix whose heading is 'of the practice in granting and revoking probates and fetters, of administration and section 300 says that the high court will have concurrent jurisdiction with the district judge. .....