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Judgment Search Results Home > Cases Phrase: indian succession act 1925 Page 1 of about 126,577 results (0.228 seconds)

Nov 23 2005 (HC)

Anthappa (Deceased) by His Testamentary L.Rs Vs. Distinappa Alias Subb ...

Court : Karnataka

Reported in : AIR2006Kant60; ILR2006KAR1576; 2006(1)KarLJ270

..... exempting the native christians who converted from hinduism on the applicability of indian succession act, 1865 and it prevailed even after the enactment of the indian succession act, 1925. as such, the law applicable to the christians of this part i.e., state of mysore is as per local customs ..... entitled for declaration and injunction. all the substantial questions of law were raised as to the application of the indian succession act, 1925 to the parties. according to the plaintiff, since they are native christians they are governed by the indian succession act, 1925. whereas, according to the defendant, there was a notification during the year 1868 insofar as mysore province ..... hindu law is applicable to hindu converts to christianity'. further, in the said decision referring to indian succession act, 1865 it is held that indian succession act, 1925 which binds all the christians residing in the british india does not apply to the indian christians residing in mysore. it is held further that the very object of the enactment was to ..... and full effect in view of the provisions of section 3(1) and 3(2) of the indian succession act, 1925?2. does the notification referred to immediately herein supra stand impliedly repealed by the provisions of section 392 of the indian succession act, 1925 upon its introduction?3. did the substantive provisions contained in the aforesaid notification constitute breach of articles .....

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Feb 24 1986 (SC)

Mary Roy and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : AIR1986SC1011; 1986(0)KLT508(SC); 1986(1)SCALE250; (1986)2SCC209; [1986]1SCR371; 1986(1)LC515(SC)

..... applicability of these rules on the ground that section 29 sub- section (2) of the indian succession act, 1925 saved the provisions of the travancore christian succession act, 1092 and therefore despite the extension of the indian succession act, 1925 to part b state of travancore cochin, the travancore christian succession act, 1092 continued to apply to indian christians in the territories of the erstwhile state of travancore. this contention urged on behalf ..... indian succession act, 1925 and the travancore christian succession act, 1092 covered the same field and dealt with the same subject matter, namely, intestate succession among indian christians, there was no implied repeal of the travancore christian succession act, 1092 by the extension of chapter ii of part v of the indian succession act 1925 and the continued operation of the travancore christian succession act 1092 was saved by section 29 sub-section (2) of the indian succession act, 1925 ..... of the indian succession act, 1925 have the effect of repealing the travancore christian succession act, 1092 so that from and after 1st april, 1951, intestate succession to the property of a member of the indian christian community in the territories of the former state of travancore was governed by the indian succession act, 1925 or did the travancore christian succession act, 1092 continue to govern such intestate succession despite the introduction of the indian succession act, 1925? this .....

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Jul 21 1976 (HC)

D. Chelliah Nadar and anr. Vs. G. Lalita Bai and anr.

Court : Chennai

Reported in : AIR1978Mad66

..... matter has come up before a bench.3. the only question that arises in letters patent appeal is whether the parties are governed by the travancore christian succession act, regulation ii of 1092, or the indian succession act, 1925. the indian succession act x of 1865 was enacted by the governor general of india in council and received the assent of the governor general on 16-3-1865. the ..... the indian succession act 1925 to the christians of the former travancore cochin state. we feel that this reasoning is erroneous as the travancore regulation is of the year 1917, about eight years before the ..... of part v made by any other law. the learned judge has stated that so long as an existing statute has not excluded the applicability of part v of the indian succession act 1925, the provisions of the said part v will apply and that no other enactment was brought to his notice specifically excluding the applicability of the provisions of part v of ..... act was to amend and define the law of intestate and testamentary succession in british india. the preamble states:"whereas it is expedient to amend and define the rules of .....

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Feb 11 1976 (HC)

Vera D. Thackersey Vs. Bai Manekbai Annasaheb Thackersey

Court : Mumbai

Reported in : AIR1977Bom419; (1976)78BOMLR543

..... as may be prescribed in such order, with all or any of the powers of a district judge or a district court as the case may be, under the indian succession act. 1925, and further in exercise of the powers conferred under this section the high court of saurashtra having issued a notification dated 30th july 1948 empowering all civil judges, senior ..... the caveat, the learned civil judge, senior division, was liable to return the application for presentation to the court of the learned district judge, under section 288 of the indian succession act, 1925. this contention of the respondent found favour with the learned joint civil judge, senior division, poona, who by her judgment and order dated 16th april 1975, ordered the application ..... the petitioner, who is the appellant before us, her application for letters of administration together with all documents, for presentation to the district judge, poona, under section 288 of the indian succession act, 1925. 2. on 6th october 1973, one d. a. thakersey died intestate at poona, leaving a large estate. his widow, namely the appellant, filed application no. (146 of 1974 ..... of 1869), the high court has invested all civil judges (senior division) with all the powers of a district judge to take cognizance of any contested proceeding under the indian succession act, 1925, arising within the local limits of their respective jurisdiction that may be transferred to them by their respective district judges.'thus, while sub-rule (i) refers to appointment .....

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Jun 06 2006 (HC)

Shri Vitthal Ramchandra Mali Vs. Smt. Laxmi Ganpati Mali and anr.

Court : Mumbai

Reported in : AIR2006Bom298; 2006(4)ALLMR389; 2006(4)BomCR31

..... of 1869), the high court has invested all civil judges (senior division), with all the powers of a district judge to take cognizance of any contested proceeding under indian succession act, 1925, arising within the local limits of their respective jurisdiction that may be transferred to them by their respective district judges. (iii) in exercise of the powers conferred ..... judges to act for the district judge as delegates to grant probate and letters of administration in non-contentious cases arising within the local ..... courts of civil judge, senior division on application under section 372 of the indian succession act, 1925 (hereinafter referred to as the said act of 1925) for grant of succession certificate. the question to be decided in these appeals is whether the appeal under section 384 of the said act of 1925 against the decision of the learned civil judge, senior division will lie to ..... have for the purpose of the said act been invested with the function of a district court. although the succession certificate act, 1889, has been repealed, the notification, dated 25th october, 1890, remains in force by virtue of section 24 of the general clauses act, 1897.305. (i) under section 265 of the indian succession act, 1925, the high court has appointed all civil .....

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Jun 22 2007 (HC)

Madhukar Rajanna Darbhe Vs. Union of India (Uoi), Through the Secretar ...

Court : Mumbai

Reported in : 2007(5)ALLMR339; 2008(2)BomCR418

..... filed by petitioners in these suits. this common order has been challenged in these 2 writ petitions on the ground that provisions of section 57(a) and (b) of indian succession act, 1925, violate article 14 and 19 of the constitution of india with prayer to hold that probate is required for every will as per section 213(1) thereof. 2. it ..... granted letters of administration with the will or with a copy of an authenticated copy of the will annexed.after hindu wills act, 1870, but before coming into force of indian succession act, 1925, on 28/9/1916, the hindu disposition of property act, 1916 (xv of 1916) was enacted which applied to whole of india except part b states and except the state of ..... in relation to hindu wills was in 1870 and thereafter in 1916. these enactment applied in certain areas only for historical reasons. this treatment has been maintained while enacting indian succession act, 1925. provisions of section 213(2)(i) read with section 57(a) & (b) clearly show that the distinction noticed by framers of provisions of hindu wills ..... in section 57(a). prior to present succession act of 1925, act known as the indian succession act, 1865, (hereinafter mentioned as 1865 succession act) which was applicable had received the assent of the government general on 16/3/1865 and it constituted the law applicable to all cases of testamentary and in-testate succession in british india. 1865 succession act stood repealed by 1925 succession act. it was applicable to all classes .....

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Jul 14 2000 (HC)

H.V. Veerabhadraiah Vs. H.S. Kanteeravachar and Others

Court : Karnataka

Reported in : AIR2001Kant171; 2001(4)KarLJ31

..... execution of decree for back payment of the debt amount. in this view of the matter, in my opinion, section 214 of (the indian) succession act, 1925 does not apply and the trial execution court rightly rejected the objections of the judgment-debtor. it might have been that this objection was rejected ..... to be filed or has been filed or application for execution of decree for payment of such sum is made. section 214 of (the indian) succession act, 1925 will not apply, nor affect the suits for recovery of possession of immovable property or the land or the like nor application for execution of ..... ) includes any debt except rent, revenue or profits payable in respect of land used for agricultural purposes'.12. the expression in section 214 of (the indian) succession act, 1925, when we take clause (a) of sub-section (1), or clause (b) the material expression used therein is for payment of his debt, or ..... of money decree i.e., decree for the recovery of money. it will be appropriate at this juncture to quote section 214 of (the indian) succession act, 1925 in extent '214. proof of representative title a condition precedent to recovery through the courts of debts from debtors of deceased persons.--(1) no court ..... but the division bench decision, in my opinion, does not help the revision petitioner. as per the language of section 214 of (the indian) succession act, 1925 it applies only in the matter of cases where the suit is filed for the recovery of money seeking decree for payment of debt, or .....

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Apr 16 2008 (HC)

Sri J.T. Surappa and anr. Vs. Sri Satchidhanandendra Saraswathi Swamij ...

Court : Karnataka

Reported in : ILR2008KAR2115; 2008(3)KLT150; 2008(3)KCCR1484; 2008(4)AIRKarR480; AIR2008NOC2433; 2008AIHC3029(Kar)

..... see shankaranarayana affixing his signature to the will. with this evidence on record, it is to be seen whether the requirement of section 63 of the indian succession act, 1925 is fulfilled.54. section 63 of the indian succession act, 1925 reads as under:63. execution of unprivileged wills.- every testator, not being a soldier employed in an expedition nor engaged in actual warfare, [or an ..... who are the daughters of the 6th defendant filed their statement of objections contesting the will, though they were also the beneficiaries under the will. section 295 of the indian succession act, 1925 provides that, when there is contention, the proceeding shall take, as nearly as may be, the form of a regular suit, according to the provisions of the code ..... will?(5) whether the will has been executed in accordance with section 63 of the indian succession act, 1925, read with section 68 of the evidence act?29. the word 'will' has been defined under section 2(h) of the indian succession act, 1925 (for short hereinafter referred to as 'the act'). will means 'the legal declaration of the intention of the testator with respect to his ..... property which he desires to be carried into after his death'. in india everyone is governed by their personal law in so far as inheritance or succession to their property is concerned .....

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Jan 20 2004 (HC)

N. Anantha Kumar Vs. P. Anjaneyulu and ors.

Court : Andhra Pradesh

Reported in : 2004(4)ALT98

..... hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him, in accordance with the provisions of the indian succession act, 1925 (39 of 1925), or any other law for the time being in force and applicable to hindus.explanation: the interest of a male hindu in a mitakshara coparcenary property or the interest ..... to 64, 68, 70, 71, 73 to 90, 95, 96, 98, 101 to 117, 119 to 190. a careful analysis of section 30 of the hindu succession act, 1956 read with the provisions of the indian succession act, 1925 which are applicable in the case of wills made by hindus makes it clear that there is no bar imposed on a femaly hindu to make a ..... sister andalamma and that an undivided share cannot be bequeathed by a will especially in the light of the provisions of section 30 of the hindu succession act, 1956, r/w. sections 59 and 63 of the indian succession act, 1925.3. the learned counsel for the appellant/plaintiff had taken this court thoroughly through the findings recorded by the court of first instance and also ..... on or after 1-1-1927 and in 1929 there was yet another amendment amending the indian succession act 1925 and the provisions specified in schedule iii to the act were made applicable to hindu wills and codicils made on or after 1st january 1927. thus, the provisions of the indian succession act 1925 specified in schedule iii which are applicable to wills and codicils of hindus are sections .....

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Jul 21 2003 (SC)

John Vallamattom and anr. Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR2003SC2902; 2003(5)ALD51(SC); 2004(5)ALLMR(SC)283; 2003(4)AWC2689(SC); 2003(3)CTC418; [2003(4)JCR44(SC)]; JT2003(6)SC37; 2003(3)KLT66(SC); 2003(5)SCALE384; (2003)6SCC611

..... or disposition and no step has been taken to assert a claim by virtue of any such enactment.'6. the indian succession act, 1925 was enacted in the year 1925, by reason whereof, the indian succession act, 1865 was repealed. section 3 of the act confers power on the state government to exempt any race, sect or tribe residing therein from the purview of sections ..... of the holy bible, the impugned provision violates articles 25 and 26 of the constitution of india.16. the contention of the respondent, however, is that the indian succession act, 1925 being a pre-constitution enactment having regard to article 372 of the constitution of india, continues to be in force within the territory of india. the respondent would ..... like to add few more paragraphs as to how the christians are aggrieved by the discriminatory treatment meted out to members of christian community under the indian succession act, 1925 (hereinafter referred to as 'the act') by which they are practically prevented from bequeathing property for religious and charitable purposes. the impugned provision has already been extracted in the judgment prepared ..... petition under article 32 of the constitution of india we are concerned with the constitutionality of the provisions of section 118 of the indian succession act, 1925 (hereinafter referred to as 'the act').2. petitioner no. 1 is an indian citizen and is a christian priest belonging to the religious denomination of roman catholics. the second petitioner is also a member of .....

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