Code of Civil Procedure ,
1908 and Section 306 of Indian Succession Act, 1925 are
applicable to the proceedings under Section 166 of the Motor
Vehicles ... Act and the Rules
is absolutely in consonance with the provisions of the MV Act ,
the rules framed thereunder; Indian Succession Act and Code
since 'Indian
Succession Act, 1865' and 'the Probate and Administration
Act, 1881 ' stand repealed by the ' Indian Succession Act ... Act, 1904 reads
thus:
" Section 9 . Where this Act, or any Bombay Act [or
Maharashtra Act ] made after the commencement of this Act,
repeals
senior counsel placed reliance on sections 71 and 87 of the
Indian Succession Act, 1925 and also on the judgment of Madras High Court ... definition of the executor under section 2(C) of the
Indian Succession Act, 1925 and also placed reliance on sections
Succession Act.
17 From the reading of Section 68 of Indian Evidence Act read with
Section 63(c) of Succession Act, it is clear that ... proved in terms of the provisions of the Indian
Succession Act and the Indian Evidence Act. The onus
of proving the Will
survive the testator Chummar as per Section 107
of the Indian Succession Act, 1925. It is also argued that
Ext.B13 Will is also ... testator's property as per
Section 105 of the Indian Succession Act. Therefore, the
question to be considered is whether the bequest made
before the District Court,
Trichirappalli under Section 372 of the Indian Succession Act, 1925 to grant
probate of the will
of the deceased Nambikai Mary ... Court
erroneously transferred the suit filed under Section 372 of the Indian
Succession Act to the file of the Subordinate Court, Trichirappalli and the
suit
HEGDE, ADVOCATE)
2
THIS APPEAL IS FILED UNDER SECTION 299 OF
INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED
26.06.2009 PASSED ... applied for grant of
succession certificate by filing a petition under Section
276 of the Indian Succession Act, 1925, claiming to be
legatee under Will
shall conscientiously decide the present petition u/s
276 / 278 of Indian Succession Act for grant of probate/letter of
administration in respect ... Section 68 of Indian
Evidence Act being relevant. However, in this context Section 63 of Indian
Succession Act gives an exception which requires
Page:-2/46
276 of Indian Succession Act for grant of probate in respect of the estate
of deceased Saroj Nagpal w/o late Jognderpal ... Section 68 of Indian
Evidence Act being relevant. However, in this context Section 63 of Indian
Succession Act gives an exception which requires
shall conscientiously decide the present petition u/s
276 / 278 of Indian Succession Act 1925 for grant of probate/letter of
administration in respect ... Section 68 of Indian
Evidence Act being relevant. However, in this context Section 63 of Indian
Succession Act gives an exception which requires
