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 6 of about 549 results (0.440 seconds)

In Re: Mohanaprakasam (Minor), Represented by Guardian, Sarojini

Court : Chennai

Reported in : (1974)2MLJ215

..... 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 ..... not an ordinary resident within the jurisdiction of this court at the time of his death, it may be stated how this petition can be filed in this court without any impediment to the provisions of section 371 of the indian succession act. ..... 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 hence this petition is ordered to be returned for presentation before the proper. ..... 1954 on the file of this court against the late pachayappa mudaliar and his wife and thillai natarajan and in and by a decree, dated 3rd january, 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 pachayappa mudaliar in favour of mohanaprakasam, ..... death the deceased had no fixed place of residence then the jurisdiction of the court will have to be determined with reference to the situation of the property of the deceased. .....

Tarini Mehta vs.sanjeev Chhabra & Ors

Court : Delhi

..... provisions of section 119 and 120 of the indian succession act, 1925 ( the indian succession act for short) where a legatee was allowed to enjoy the income from bequeathed properties even during the period rights of separate enjoyment were not available to the legatee and there was a postponement of the right to claim partition of the house to the date when the wife of testator died, the bequeath under the will ..... far as is necessary to give, effect to the transfer, the transferor s right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting at the date of the transfer, the share or interest so transferred ..... it is not subject to any condition precedent, when it is to take the effect on the happening of an event which is certain, whereas an estate is contingent when the right to enjoyment depends upon the happening of an uncertain event which may or may not ..... terms are reduced to writing but there also a distinction should be made between a document containing the terms and recitals of a family arrangement made under the document and a mere memorandum prepared after the family arrangement had already been made either for the purpose of the record or for information of the court ..... have different facts and are not applicable to this case as in mahesh chand sharma (supra) the family settlement was given credence because of the two contesting wills put on floor and seven suits .....

Gandhi Demudamma and ors. Vs. Gandi Jayalaxmi and ors.

Court : Andhra Pradesh

Reported in : 2002(3)ALD264; 2002(4)ALT214

..... a learned single judge of this court while upholding the succession certificate given in favour of the appellants herein under section 373 of the indian succession act, 1925 directed the appellants to deposit rs. ..... 155/1988 seeking succession certificate under section 373 of the indian succession act and the district judge by his order dated 24th december, 1990 issued succession certificate in favour of the appellants by holding that under ex.a3 it is clearly mentioned that there is a relationship of husband and wife between the 1st respondent and atchaiah and all claims are ..... of the day fixed for the hearing-- (a) to be served on any person to whom, in the opinion of the judge, special notice of the application should be given, and(b) 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 ..... : 1997(5)alt114 (db), wherein the division bench of this court held that as adoption of the appellant is proved land he being a class i heir he is entitled for grant of succession certificate in respect of the gold ornaments subject to furnishing security for its value and directed the respondents to establish title to the property ..... what all it states is that she will not have any claim in future payment in view of ..... atchaiah nominated her to receive the retiremental benefits etc. .....

V. Sreekantha Reddy and ors. Vs. Varanasi Rajeena Venugopal Reddy

Court : Andhra Pradesh

Reported in : 2004(5)ALD200

..... neither part x nor any other provision of the indian succession act specifies as to who are the persons who are entitled to apply for a succession certificate or what are the classes of property, with reference to which such a certificate could be granted.14 ..... 798 of 1992 on the file of the learned district judge, nellore, dated 5th april, 1995, the respondents therein preferred this appeal under section 384 of the indian succession act.2. ..... section 57 declares that the provisions of part vi are applicable to hindu, buddhist, sikh or jain, subject to restrictions and modifications specified in schedule iii of the act. ..... the indian succession act deals with the rules of succession either in testate or ..... section 372 of the act provides that an application for succession certificate shall be made to the district judge and it also provides for the procedure thereof ..... various provisions of the act declare that certain parts of the act, are applicable to certain categories of subjects, which are governed by the succession act and the other categories are excluded ..... therefore, under the scheme of indian succession act, 1925, a succession certificate should not have been granted in favour of the respondent herein.7 ..... but the following definition is unanimously accepted; 'a debt is a sum of money which is now payable or will become payable in future by reason of a present obligation; debitum in praesenti, solvendum in futuro' ..... property known to law is of various kinds moveable, immoveable, etc,17. .....

Smt. Ram Kaur Prashad (Executant, Deceased) Vs. State

Court : Uttaranchal

Reported in : 2008(2)AWC1489

..... further discussions it is pertinent to mention here that proceedings under section 276 of indian succession act, 1925, are summary in nature and its object is the certification of the genuineness of the will executed by the executant. ..... prashad, under section 263 of indian succession act, 1925, in the testamentary case filed by the executor for grant of probate in respect of the will of smt. ..... vide order dated 29.4.1982 probate was issued under section 276 of indian succession act, 1925, by the allahabad high court in this case ..... that if a probate is obtained by misstatement, petition under section 263 of indian succession act, 1925 for revocation is maintainable. ..... record further reveals that before the district judge, uttarakhand (west at dehradun) succession proceedings were initiated under the indian succession act, 1925, on 13th march, 1969 after death of dr. ..... prashad, filed their written statement containing no objection for grant of succession certificate to ram kaur prashad, the applicant of said case. ..... i have already discussed above that in the present case the contention of the applicant that baini prashad died and left the property intestate is not proved on record ..... the record further reveals that certain directions as to apportionment of properties were issued by allahabad high court from time to time after issuance of the probate, one of which contained in order dated 3.12. ..... the most she could have made will of only l/4th share. ..... as required under the rules was also made. .....

Margaret T. Desor and ors. Vs. Worldwide Agencies Pvt. Ltd. and ors.

Court : Delhi

Reported in : [1989]66CompCas5(Delhi); ILR1988Delhi557

..... he says that by virtue of the provisions of section 273 of the indian succession act the succession certificate so obtained, is conclusive, and as such cannot be questioned by any person in any other proceedings, i agree. ..... tn any case, i am in respectful .agreement with the view expressed by the division bench inasmuch as the provisions of section 397 itself requires that the company court is to provide relief in certain cases against oppression when circumstances exist that would make just and equitable to wind up the company. ..... (60) not to permit an enquiry into the assertions which hive been made in this petition for oppression, which have been briefly adverted to in the earlier part of this order, could he very gross from of oppression itself, and in my view, respondent no. ..... as the case related to winding up of the company, it has no application to a petition under section 397 of the companies act, which relates to relief in cases of oppression. ..... i have my reservations about the judgment of guwahati high court, for what it decided, but i will not consider the matter further inasmuch as the facts of that case are different from the facts of the present case ..... collins english dictionary, 1979 edition, given the following meaning to the word 'transmission'- (i) the act of process of transmitting: (ii) the act of process of sending a message, a picture, or other information from one location to one or more other locations by means of radio waives, electric signals, light signals etc. .....

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 .....

Goyal Mg Gases Private Ltd. Vs. Messer Griesheim Gmbh

Court : Delhi

..... noting that section 2(bb) of the indian successions act defines the district judge to mean judge of a principal civil court of original jurisdiction and provisions of section 5(2) of delhi high court act, 1976 it was held that the ordinary original civil jurisdiction envisaged in section 5(2) of the delhi high court act, 1966 has relation to every suit and the non-obstante clause contained in subsection (2) of section 5 of the delhi high court act operates only in relation to provisions contained ..... by the admiralty court is misconceived, as the code of civil procedure, 1908 is not applicable to admiralty jurisdiction in view of section 112 of the code; (ii) the judgment of the english court cannot be termed to be judgment in personam and therefore the execution petition for the arrest of the vessel is not maintainable; (iii) section 44a is not a self contained code for the execution of a decree, the same being ..... this court was whether the district court was competent to entertain the petition under section 276 of the indian successions act, 1925 for grant of letters of administration. ..... that on april 14, 1960, the sub- judge, 1st class, delhi passed an ex-parte decree, in favour of the respondent and against the appellant ..... certain consequential amendments were made to the section by the government of india (adaptation of indian ..... for an interlocutory order for the issuance of a warrant of arrest against the vessel together with hull, tackle engines, machinery equipment s, stores etc. .....

Ramanatha Reddy Vs. K.V. Kuppuswami Mudaliar and ors.

Court : Chennai

Reported in : AIR1971Mad419

..... fulmati kuer : air1965pat296 ), while rejecting a contention raised by the judgment debtor that the heirs of the original decreeholder cannot be permitted to execute the decree without production of a succession certificate under the provisions of section 214(1)(b) of the indian succession act, the court held that the execution petition having been commenced by the original decreeholder himself, section 214(1)(b) had no application at all to that case, following the decision of the same court in : air1957pat435 . ..... 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 the place of the decree-holder obtains a succession certificate and produces in court, and that even in a case where an execution application is pending and his legal representatives present an application to be substituted in his place, it is in substance, an application to execute the decree or order which will attract the provisions of section 214.6. ..... it appears, therefore, that it is only when the legal representative files a fresh application for execution, section 214 will stand attracted and not when he seeks to continue the execution petition initiated by the deceased decree-holder.8. .....

Joginder Pal Vs. Indian Red Cross Society and ors.

Court : Supreme Court of India

Reported in : AIR2000SC3279; (2001)1MLJ66(SC); 2000(6)SCALE598; (2000)8SCC143; [2000]Supp3SCR626

..... in this case after having considered the provisions of sections 370 to 390 of the indian succession act as well as section 11 of the cpc, it has been held that any adjudication under part x does not bar the same question being raised between the same parties in a subsequent suit or proceeding ..... of the day fixed for the hearing-(a) to be served on any person to whom, in the opinion of the judge, special notice of the application should be given, and(b) to be posted on some conspicuous part of the courthouse 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 right to ..... has been held that the lower court committed a serious error of law in ignoring the will and the succession certificate which unequivocally clinched the issue. ..... the indian succession act deals with grant of letters of administration (with or without the will being annexed thereto) or grant of probate or grant of succession certificates ..... that case, the plaintiff had filed a suit claiming her share in the property of the deceased on the basis of a will and a succession certificate obtained by her. ..... , the respondent namely, joginder pal is entitled to receive the liquid assets of deceased raj mohini as her only legal heir on the basis of will executed in his favour by deceased raj mohini during her life time in sound disposing mind. .....