dismissed the Misc.
(Succession) Case No. 104/2013 and allowed the Misc. (Succession)
Case No. 90/2013.
4. As Intest Case Nos. 01/2021 ... Misc. (Succession) Case Nos. 104/2013,
and Misc. (Succession) Case Nos. 90/2013, and as the subject
matters of both the cases are same, being
dismissed the Misc.
(Succession) Case No. 104/2013 and allowed the Misc. (Succession)
Case No. 90/2013.
4. As Intest Case Nos. 01/2021 ... Misc. (Succession) Case Nos. 104/2013,
and Misc. (Succession) Case Nos. 90/2013, and as the subject
matters of both the cases are same, being
contained shall constitute the law of British India applicable to all cases of intestate or testamentary succession.
Section 331 of that ... show that the Act dealt with the entire case of intestate and testamentary succession. On the other hand, the Travancore-Christian Succession Regulation
that Ravamma and Pushpavati they both
died intestate. The defendant had set up the case of the Will(s),
36
from both i.e separate ... under this point it requires
consideration, if it is a case of intestate succession or
testamentary succession.
50. The defendant though set up the case
that Ravamma and Pushpavati they both
died intestate. The defendant had set up the case of the Will(s),
36
from both i.e separate ... under this point it requires
consideration, if it is a case of intestate succession or
testamentary succession.
50.
The defendant though set up the case
Part V dealing in intestate
succession, provides for Rules in cases of Intestate other than Parsis and
S.47 provides for a situation where ... case may be, in accordance with the provisions of this Part.
Apparently Part IX therefore, applies in the cases of intestate succession
as well
case of property
inherited by her from her father, mother, husband or
father-in-law.
(2) In case of a female intestate leaving ... such a case sub-s (2) does not at all come into
operation.
(3) In case of a female intestate dying without issue but
leaving
abrogated. Now in case of death
7
of coparcener, male/female, the coparcenary interest would not
devolve by survivorship but by intestate succession under ... Amendment Act. The concept of survivorship has been done away.
Testamentary or intestate succession has been provided where a
Hindu dies before the commencement
case of transfer/agreement for sale or cost of
acquisition or in the case where there is certificate or in the case
of testamentary succession ... case of transfer/agreement for sale or cost of
acquisition or in the case where there is certificate or in the case
of testamentary succession
estate of the intestate according to the rule for the distribution of intestates estates applicable in the case of the deceased, be a minor ... person applying for the same that the testator or intestate, as the case may be, had at the time of his deceased a fixed place
