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the court below was of the view that being a decision in rem, it binds on all and the further finding that will has not been revoked and it is based on the will that the mother of the plaintiff has executed, etc, are only interference drawn from the finding based on the judgment of the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. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom189; 2000(2)ALLMR78; 2000(3)BomCR404; 2000(3)MhLj39
..... the provisions of section 250 of the indian succession act x of 1865, and section 81 of the probate and administration act v of 1881, are that the interest which entitles a person to put in a caveat must be an interest in the estate of the deceased person, that is, there should be no dispute whatever as to the title of the deceased to the estate, but that ..... i am unable to accept the submission of the learned counsel for the petitioners that the provisions of section 263 can be invoked even by an individual, who does not have any right in the intestate succession of a parsi under section 51 of the indian succession act. ..... the learned counsel has further submitted that the provisions of section 51 are subject to the provisions of section 263 of the indian succession act. ..... in order to have locus standi, for challenging the probate on the grounds set out under section 263 of the indian succession act, in my view, it would be pre-requisite to first establish some right in the inheritance under section 51 of the indian succession act. ..... it is further submitted that the person to whom the grant has been made has willfully and without reasonable cause omitted to give an inventory for account in accordance with the provisions of chapter 7 of the act.3. ..... even in a case where the person is not entitled to get a compulsory citation, but the citation is discretionary the absence of citation to such a person, also would invalidate the grant in certain circumstances.'4. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT513
..... the short question that falls for consideration in the present civil revision petition is whether the succession certificate as contemplated under section 214 of the indian succession act, 1925 is required for the purpose of executing a decree obtained in the suit for partition of immovable properties.2. ..... it is to be noticed that in the present case the decreeholders have filed execution proceedings pursuant to the decree obtained in the suit for partition and as per section 214 of the indian succession act, succession certificate is required for the purpose of recovery of any debt. ..... the word 'debt' has been defined under subsection (2) of section 214 of the indian succession act, which clearly specifies that the word debt includes any debt except rent, revenue or profits payable in respect of land used for agricultural purpose. ..... and for execution of a decree for costs.xxx xxx xxxa suit to recover money due on a simple mortgage by sale of the mortgaged property is a suit for recovery of debt, but it is a suit to enforce a charge on immovable property and no succession certificate need be obtained by the heirs of the mortgagee to recover the money, therefore, an application for execution of a mortgage decree for realisation of the amounts by sale of the mortgaged property is not ..... sitamahalakshmi, : air1976ap361 this court considered the applicability of section 214 of the act. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Chennai
Reported in : (2002)3MLJ667
..... the addition of words which describe a class of persons but do not denote them as direct objects of a distinct and independent gift and by operation of the principle of section 97 of the indian succession act, 1925 the legatee took the entire interest ..... earlier or the subsequent part of specific clauses inter se contained therein, the earlier part will prevail over the latter as against the rule of interpretation applicable to a will under which the subsequent part, clause or portion prevails over the earlier part on the principle that in the matter of 'will', the testator can always change his mind and create another interest in place of the bequest already made in the earlier part or on an ..... interpretation and see which of the courts below has understood the document correctly.ex.a-1 is the document; it is a will dated 18.4.1943 executed by one nallaperumal pillai; under the said will, the testator gives all the properties in the schedule to the will to his wife adhilakshmi ammal subject to certain conditions; she is not to alienate schedules 1 and 2 properties; she is to take the schedule 3 properties ..... it was held by the privy council that,'the words in the will 'that the estate shall vest in p' and that he shall be the testator's 'heir and successor', were clear dispositive words creating an absolute estate of inheritance in p and the various clauses that followed the main provisions were to come into operation after p had so inherited; they must, therefore, be regarded as an attempt .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)ALLMR171; 2007(1)BomCR915; (2007)109BOMLR107; 2007(1)MhLj545
..... refer to the relevant provisions of the indian succession act, 1925, particularly chapter vi of part vi, which deals with the construction of wills.section 74 says that it is not necessary that any technical words or terms of art be used in a will, but only that the wording be such that the intentions of the testator can be known therefrom.section 75 enables the court to inquire into the questions as to the object or subject of a will and for determination thereof, take evidence, if necessary.while section 80 permits an extrinsic ..... taken out by zenia are reproduced as under:(a) necessary orders and directions be passed directing the bank of baroda, bhulabhai desai road branch, mumbai to pay over to the applicant within the time that may be fixed by this hon'ble court the amounts of two fixed deposits in a sum of rs. ..... thought that the oral evidence on some aspects was necessary to understand the contents of the instrument (will), the appellant could have always made such a prayer to the learned chamber judge, who would have then seen whether it was ..... 24 is again with regard to certain articles in the drawing room and ..... to matters being capable of decision in a summary way; not that it forbids the questions of fact being determined on an originating summons in all class of cases.10. ..... used by me till minor attains majority has been valued by an approved valuer and undertaking from me to hand over to minor on her attaining majority and in the meantime not to part with alter etc. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2007All8; 2006(4)AWC3875
..... for the petitioners submitted that there is no provision for the filing of a succession certificate in an application for the substitution of their names and for the release of the compensation awarded by the district judge and therefore, the direction of the execution court was erroneous and against the provisions of section 214 of the indian succession act.5. ..... the payment of his debt, except on the production, by the person so claiming, of-(i) a probate or letters of administration evidencing the grant 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 (3 of 1913) and having the debt mentioned therein, or(iii) a succession certificate granted under part x and having the debt specified therein, or(iv) a certificate granted under the succession certificate act, 1889 (7 of 1889),(v) a certificate granted under bombay regulation no. ..... the court below will decide as to who are the legal representatives of the original claimant on the basis of the evidence led by the parties and if the court below is satisfied that the petitioners are the legal ..... against an offer made by the special land acquisition officer, the claimant filed a reference under section 18 of the land acquisition act and an award was given by the district judge, against which, noida filed a first appeal before this hon'ble court in which an interim order for the payment of the compensation to the heirs .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2004Jhar109; 2004(2)BLJR1309; [2004(3)JCR299(Jhr)]
..... of 2003 is filed by the respondent in an application under section 372 of the indian succession act. m.a. ..... to section 373(3) of the indian succession act. ..... , the proceedings under section 373 of the succession act is a summary proceeding and there is no final adjudication of title involved in any decision that may be taken by the court in such an application. ..... on an appreciation of the evidence, the court below upheld the plea of the petitioners and granted a succession certificate in respect of a sum of rupees 1,09,000/- (rupees one lakh and nine thousand) remaining in deposit in the punjab ..... that sub-section provides that if the judge cannot decide the right to a certificate without determining a question of law and fact, which seems to be intricate and difficult for determination in a summary proceeding, he may nevertheless grant a certificate to the applicant if he is the person, prima facie, having the best ..... 180 of 2003 made that application claiming that they are the second wife and children of ..... i think that the proper course to adopt is to clarify that the grant of succession certificate in the manner done by the trial court, will not sand in the way of either of the parties approaching the civil court to work out their rights in accordance with law and from establishing their exclusive title or joint title to the estate of ..... therefore, no final adjudication has been made by the court below regarding the status claimed by the parties or the title to the estate of the deceased .....
Tag this Judgment!Court : Delhi
Reported in : 2008(100)DRJ98
..... a will is the same as any other document excepting that the evidence tendered in proof of a will should additionally satisfy the requirement of section 63 of the indian succession act, 1925 and section 68 of the indian evidence act, ..... 'the mind was apt to make a pleasure in adapting circumstances to one another and even in straining them a title, if need be, to force then to form parts of one connected hole; and the more ingenuous the mind of the individual, the more likely was it, considering such matters, to overreach and mislead itself, to supply some little link ..... the two attesting witnesses have been held to be 'interested' on the ground of their being class fellows of chingubai's son and on the other hand, it has been doubted whether they would ..... opinion that the finding recorded by the learned district judge, which has been affirmed by the high court in second appeal, is not based upon a correct application of legal principles governing the proof and acceptance of will and the same is completely perverse. ..... the legal principle which emerges is that if there is nothing unnatural about the will and the evidence adduced satisfies the requirement of proving a will, the court would not return a finding of 'not proved' merely on account of certain assumed suspicion or supposition.33. ..... it is an act of manipulation and forgery made by the petitioner with malafide intentions and the same is ..... and other movable properties such as cash, post office bonds, jewellery and house hold items etc.3. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR3685
..... in order to answer the point formulated above; briefly stated the relevant provisions of the indian succession act, governing the grant of probate are: section 2(h) which defines a probate, as the copy of the 'will' certified under the seal of a court with a grant of administration to the estate of testator. ..... referred to above the first respondent herein filed an application before the principal district judge on 15.12.86 under section 273 read with section 276 of the indian succession act, praying that she may be granted probate for the will executed by her mother. ..... he submitted that the indian succession act is a self contained code; the said act does not prescribe limitation for making application for grant of probate. ..... 5/86 dated 19th september 1990 granting probate of the will dated 23.8.1966 under section 276 of the indian succession act.2. ..... whereunder the testator regulates succession to his estate after his death; though in part ix of the indian succession act an elaborate procedure is prescribed for obtaining the probate, significantly no period is prescribed within which the application has to be filed. ..... the other ground taken by the learned counsel for the appellant that the grant of a probate by a district judge under the indian succession act by itself cannot have the effect of affecting a decree for partition already made by the competent court. ..... the application for probate must be made within three years. .....
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