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1 - 10 of 26 (1.17 seconds)Article 137 in Constitution of India [Constitution]
Kunvarjeet Singh Khandpur vs Kirandeep Kaur & Ors on 3 April, 2008
22. Admittedly, Ishani died in July 1979. It, therefore, must be inferred that
Tapan received the Will before July 1979. Tapan, therefore, should have filed
the application for probate within 3 years of the knowledge of the will, i.e. by
1982. Reference is made to a decision of the Supreme Court in the case of
Kunvarjeet Singh Khandpur v. Kirandeep Kaur and Ors. reported in
(2008) 8 SCC 463 at paragraphs 13 to 16 thereof.
The Indian Succession Act, 1925
Vasudev Daulatram Sadarangani vs Sajni Prem Lalwani on 1 March, 1983
18. Applying the law laid down, in the aforesaid decision and
theobservations made hereinabove, the submission on behalf of the
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appellants thatProbate Case No. 15 of 2001 filed by Respondent 2 for
letters of administrationunder Section 228 of the Act, read with Section
276 of the Act is barred by law oflimitation, cannot be accepted.
The Land Acquisition Act, 1894
The Code of Civil Procedure, 1908
Section 63 in The Indian Succession Act, 1925 [Entire Act]
Shashi Kumar Banerjee & Ors vs Subodh Kumar Banerjee Since Deceased & ... on 13 September, 1963
20. We are afraid that the High Court failed to give effect to the strong
presumption of regularity and due execution and attestation of the
holograph Will, in the instant case. Admittedly, the Will, Ex. P-1, is in the
handwriting of the testator, as spoken to by the 3rd defendant herself. The
facts in this case in a great measure conform to the broad facts and
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circumstances detailed in the case of "holograph Will" in Shashi Kumar
Banerjee case [AIR 1964 SC 529] . In this case the 3rd defendant admitted
in cross-examination that her mother, Mrs Vas "was active till the last"
H. Venkatachala Iyengar vs B. N. Thimmajamma & Others on 13 November, 1958
46. The law regarding the grant of probate and/or letters of administration of a
Will has been explained succinctly by the Hon'ble Supreme Court in the
case of Venkatachala Iyengar (supra) at paragraphs 18, 19, 20, and 21 of
the said decision are set out hereinbelow:-The following principles emerge
from the aforesaid decision:-