What is a caveatable interest within the meaning of the Indian
Succession Act, 1925 (1925 Act) vis-a-vis the Rules framed by the Calcutta ... probate is refused.
(b) In view of the provisions of Hindu Succession Act, 1956 that
there being no possibility of any person other than heirs
Leave granted.
2. Applicability of Section 8 of the Hindu Succession Act, 1956 (the
Act) to the facts of the present case is in question ... Amendment Act, 2005 would have no application.
Sub-section (1) of Section 6 of the Act governs
the law relating to succession on the death
constitutionality of the provisions of Section 118 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act').
2. Petitioner ... Mortmain Statute at the time of enacting Section 118 of Indian Succession Act, the Indian Legislature omitted to include the exemptions in favour
provisions contained in
Section 63(c) of the Indian Succession Act, is required to be attested by two
or more witnesses and furthermore, although ... Constitution of India.
(c) Section 63(c) of the Indian Succession Act does not envisage direct
proof of execution of the Will
Hindu Succession Act. The said
Act was enacted to amend and codify the law to inherent succession
among Hindus. Section 5 of the Hindu Marriage ... Amendment Act, 2005 would have no
application. Sub-section (1) of Section 6 of the Act
governs the law relating to succession on the death
fact that in
terms of the provisions of the Hindu Succession Act , the daughters also
became heirs of the defendant No. 1, they would also ... other
children. The succession, therefore, opened in 1953, i.e., before coming into
force the provisions of Hindu Succession Act, 1956 . The property
Official Trustees Act, 1913 (for short, 'the 1913 Act') as also Section
302 of the Indian Succession Act, 1925 (for short ... Succession Act ') falls
for consideration in this appeal, which arises out of a judgment and order
dated 21.12.1999 passed by a Division Bench
Official Trustees Act, 1913 (for short, 'the 1913 Act') as also Section
302 of the Indian Succession Act, 1925 (for short ... Succession Act ') falls
for consideration in this appeal, which arises out of a judgment and order
dated 21.12.1999 passed by a Division Bench
absolute property in terms of section 14(1) of the Hindu Succession Act, and, thus her daughters as also sons of the pre-deceased daughter ... heirs in terms of the provision of the Hindu Succession Act .
8. The learned trial Judge in view of the rival contention framed the following
Interpretation and application of Section 63 of the Indian Succession Act,
1925 as well as Section 68 of the Indian Evidence Act ... registration of a document acts under the provisions of the Registration Act, 1908
(1908 Act). Section 52 of the 1908 Act prescribes the duty
