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BARE ACTS

Supreme Court (SC) Judgements on Indian Succession Act, 1925

Bare Act Title Category / State
Indian Succession Act, 1925 Family Laws
 

List of Judgements

Vinod Infra Developers Ltd. Vs. Mahaveer Lunia & Ors.

Judgement Date : may/2025, Citation : 2025 Latest Caselaw 614 SC

N.P. Saseendran Vs. N.P. Ponnamma & Ors.

Judgement Date : march/2025, Citation : 2025 Latest Caselaw 280 SC

Gopal Krishan & Ors. Vs. Daulat Ram & Ors.

Judgement Date : january/2025, Citation : 2025 Latest Caselaw 14 SC

Leela & Ors. Vs. Muruganantham & Ors.

Judgement Date : january/2025, Citation : 2025 Latest Caselaw 8 SC

Lilian Coelho & Ors. Vs. Myra Philomena Coalho

Judgement Date : january/2025, Citation : 2025 Latest Caselaw 6 SC

Tirith Kumar & Ors. Vs. Daduram & Ors.

Judgement Date : december/2024, Citation : 2024 Latest Caselaw 801 SC

Savitri Bai and Anr. Vs. Savitri Bai

Judgement Date : february/2024, Citation : 2024 Latest Caselaw 121 SC

Vasantha (D) through LRS. Vs. Rajalakshmi @ Rajam (D) through LRS.

Judgement Date : february/2024, Citation : 2024 Latest Caselaw 89 SC

Shakti Yezdani & Anr. Vs. Jayanand Jayant Salgaonkar & Ors.

Judgement Date : december/2023, Citation : 2023 Latest Caselaw 931 SC

Moturu Nalini Kanth Vs. Gainedi Kaliprasad (D) through LRS.

Judgement Date : november/2023, Citation : 2023 Latest Caselaw 873 SC

Supriyo @ Supriya Chakraborty & Anr. Vs. Union of India

Judgement Date : october/2023, Citation : 2023 Latest Caselaw 802 SC

Vikrant Kapila and Anr. Vs. Pankaja Panda and Ors.

Judgement Date : october/2023, Citation : 2023 Latest Caselaw 786 SC

Dhani Ram (D) through LRS. & Ors. Vs. Shiv Singh

Judgement Date : october/2023, Citation : 2023 Latest Caselaw 766 SC

Meena Pradhan & Ors. Vs. Kamla Pradhan & Anr.

Judgement Date : september/2023, Citation : 2023 Latest Caselaw 732 SC

A. Wilson Prince Vs. The Nazar & Ors.

Judgement Date : may/2023, Citation : 2023 Latest Caselaw 486 SC

Prasanta Kumar Sahoo & Ors. Vs. Charulata Sahu & Ors.

Judgement Date : march/2023, Citation : 2023 Latest Caselaw 284 SC

Ashutosh Samanta (D) by LRS. & Ors. Vs. Sm. Ranjan Bala Dasi & Ors.

Judgement Date : march/2023, Citation : 2023 Latest Caselaw 181 SC

Vivek Narayan Sharma Vs. Union of India

Judgement Date : january/2023, Citation : 2023 Latest Caselaw 15 SC

Maharani Deepinder Kaur (Since D) through LRS. Vs. Rajkumari Amrit Kaur

Judgement Date : september/2022, Citation : 2022 Latest Caselaw 703 SC

Swarnalatha Vs. Kalavathy

Judgement Date : march/2022, Citation : 2022 Latest Caselaw 274 SC

Murthy Vs. C. Saradambal

Judgement Date : december/2021, Citation : 2021 Latest Caselaw 664 SC

State of Haryana Vs. Harnam Singh (D) through LRS.

Judgement Date : november/2021, Citation : 2021 Latest Caselaw 613 SC

Badrilal Vs. Suresh

Judgement Date : october/2021, Citation : 2021 Latest Caselaw 530 SC

Ravinder Nath Agarwal Vs. Yogender Nath Agarwal

Judgement Date : february/2021, Citation : 2021 Latest Caselaw 69 SC

Headnote :

Section 25 of the Civil Procedure Code, 1908 - Transfer of Suit - Two petitions for transfer have been filed: one by the petitioner requesting the transfer of a partition case currently pending in the New Delhi Court, initiated by the respondent, to Nainital, Uttarakhand; and another by the responde...

TRUSTEES OF H.C.DHANDA TRUST vs. STATE OF MADHYA PRADESH

Judgement Date : september/2020, Citation : 2020 Latest Caselaw 516 SC

Headnote :

CRUCIALDeficit stamp duty - Penalty - The imposition of a tenfold penalty under Section 40(1)(b) is not automatic and cannot be applied mechanically.A. According to Section 40(1)(b) of the Stamp Act, 1899, regarding deficit stamp duty and penalties, the exercise of discretion is essential. The prima...

VINEETA SHARMA vs. RAKESH SHARMA

Judgement Date : august/2020, Citation : 2020 Latest Caselaw 449 SC

Headnote :

CRUCIALDaughters are now recognized and treated as coparceners, possessing equal rights and responsibilities as sons. The right to be a coparcener is inherent from birth, and it is not necessary for the father to be alive at the time of the amendment.Daughters are now entitled to request a partition...

V. KALYANASWAMY vs. L. BAKTHAVATSALAM

Judgement Date : july/2020, Citation : 2020 Latest Caselaw 423 SC

Headnote :

CRUCIALExecution of a will - Evidence - The status of a legatee under a legally required attested document is not solely dependent on the attesting witness\'s discretion - The law permits the document\'s proof to be established even if the attesting witness denies its execution.A. Civil Procedure Co...

SRI MARTHANDA VARMA vs. STATE OF KERALA

Judgement Date : july/2020, Citation : 2020 Latest Caselaw 419 SC

Headnote :

CRUCIALShebaitship or temple management - Vesting - When an idol is installed, a temple is built, or an endowment is established, the shebaitship is granted to the founder, unless the founder has transferred the shebaitship themselves.A. Under the Travancore Cochin Hindu Religious Institutions Act,...

SHAMITA SINGHA vs. RASHMI AHLUWALIA

Judgement Date : june/2020, Citation : 2020 Latest Caselaw 404 SC

Headnote :

According to Section 270 of the Successions Act, 1925, the suit for partition has been transferred from the Delhi High Court to the Bombay High Court. It was determined that the Probate Court holds primary authority in deciding matters related to the issuance of Letters of Administration or Probate....

VINODCHANDRA SAKARLAL KAPADIA vs. STATE OF GUJARAT

Judgement Date : june/2020, Citation : 2020 Latest Caselaw 394 SC

Headnote :

IMPORTANTAgricultural land governed by the Bombay Tenancy and Agricultural Lands Act cannot be transferred through a will.According to Sections 43 and 63 of the Bombay Tenancy and Agricultural Lands Act, 1948, the validity of testamentary transfers of agricultural land is in question. Even though a...

KAVITA KANWAR vs. MRS. PAMELA MEHTA

Judgement Date : may/2020, Citation : 2020 Latest Caselaw 372 SC

Headnote :

CRUCIALThe absence of a written statement from the defendant does not automatically result in a judgment favoring the plaintiff without the necessity of proving fundamental facts.In probate matters, the proponent must satisfy the Court\'s conscience by eliminating any suspicious circumstances.A. Und...

PANDURANG GANPATI CHAUGULE vs. VISHWASRAO PATIL MURGUD SAHAKARI BANK LIMITED

Judgement Date : may/2020, Citation : 2020 Latest Caselaw 356 SC

Headnote :

CRUCIALThe recovery process outlined in Section 13 of the SARFAESI Act applies to Cooperative Banks.The Reserve Bank of India exercises significant and comprehensive control over primary credit societies engaged in banking activities.Co-operative banks, whether established under State legislation or...

SHIVAKUMAR vs. SHARANABASAPPA

Judgement Date : april/2020, Citation : 2020 Latest Caselaw 327 SC

Headnote :

CRUCIALRemand orders should not be issued as a matter of course, as unnecessary remands only prolong litigation without advancing the cause of justice.A. Indian Succession Act, 1925, Section 63 - Evidence Act, 1872 Section 68 - Will - Proof - The principles governing the adjudication process regardi...

DHANPAT vs. SHEO RAM

Judgement Date : march/2020, Citation : 2020 Latest Caselaw 287 SC

Headnote :

A. According to Section 63 of the Succession Act, 1925, and Sections 65(c) and 68 of the Evidence Act, 1872, regarding the execution of a Will, secondary evidence is permissible when the original Will is in the possession of a beneficiary and is claimed to be lost. In this case, the Will dates back...

TULSA DEVI NIROLA vs. RADHA NIROLA

Judgement Date : march/2020, Citation : 2020 Latest Caselaw 233 SC

Headnote :

IMPORTANTFamily Pension - The deceased husband lived with his second wife - The succession certificate granted to the second wife is deemed valid.According to the Indian Succession Act, 1925, Section 372 and Pension Rules Rule 40(6)(a)(i) - Family pension is awarded to the second wife - The first wi...

TRIJUGI NARAIN (D) vs. SANKOO (D)

Judgement Date : december/2019, Citation : 2019 Latest Caselaw 1241 SC

Headnote :

IMPORTANTDistinction Between Joint Family Property and Coparcenary Property.A. Under Section 30 of the Hindu Succession Act, 1956, regarding testamentary succession - Following the implementation of the Succession Act on June 17, 1956, any property inherited by an heir through intestate succession a...

MANJU PURI vs. RAJIV SINGH HANSPAL

Judgement Date : november/2019, Citation : 2019 Latest Caselaw 1103 SC

Headnote :

A. Under Section 263 of the Indian Succession Act, 1925, regarding the revocation of probate of a will, the High Court had granted probate to the mother of the defendants. Subsequently, the plaintiff\'s mother initiated a partition suit, claiming to be a co-sharer as the sister of the defendants\' m...

SHIVKUMAR vs. UNION OF INDIA

Judgement Date : october/2019, Citation : 2019 Latest Caselaw 969 SC

Headnote :

IMPORTANTA buyer of land after the notification of acquisition cannot contest the acquisition on any grounds.IMPORTANTNo rights or interests in the land can be asserted based on power of attorney, agreements, etc. In such cases, one cannot invoke Section 24 of the Act of 2013 to claim that the acqui...

RAMESH NIVRUTTI BHAGWAT vs. SURENDRA MANOHAR PARAKHE

Judgement Date : october/2019, Citation : 2019 Latest Caselaw 947 SC

Headnote :

IMPORTANTCancellation of Probate - Article 137 of the Limitation Act is relevant to these proceedings.According to Section 263 of the Indian Succession Act, 1925, and Article 137 of the Limitation Act, 1963, the cancellation of probate proceedings falls under Article 137 of the Limitation Act. This...

KANNA TIMMA KANAJI MADIWAL vs. RAMACHANDRA TIMMAYA HEGDE

Judgement Date : september/2019, Citation : 2019 Latest Caselaw 880 SC

Headnote :

Section 27 of the Bombay Tenancy and Agricultural Lands Act, 1948.[Paragraph]

MD.ABRAR vs. MEGHALAYA BOARD OF WAKF

Judgement Date : september/2019, Citation : 2019 Latest Caselaw 875 SC

Headnote :

IMPORTANTUpon the death of one of the joint mutawallis, the surviving mutawalli becomes the sole mutawalli of the waqf property. There is no legal principle that prevents cognatic heirs of the waqif from succeeding to the position of mutawalli.A. Indian Succession Act, 1925 Section 205A Waqf propert...

GOVINDBHAI CHHOTABHAI PATEL vs. PATEL RAMANBHAI MATHURBHAI

Judgement Date : september/2019, Citation : 2019 Latest Caselaw 862 SC

Headnote :

A. Testamentary succession - Determining whether the property acquired by the beneficiary is ancestral or self-acquired - The father purchased the property, which is classified as self-acquired. He executed a Will in favor of his son, meaning the beneficiary will receive the property as self-acquire...

JOSE PAULO COUTINHO vs. MARIA LUIZA VALENTINA PEREIRA .

Judgement Date : september/2019, Citation : 2019 Latest Caselaw 830 SC

Headnote :

IMPORTANTThe Portuguese Civil Code, as it applies in the State of Goa, governs the rights of succession and inheritance for properties belonging to Goan domiciles, even if those properties are located outside of Goa, anywhere in India.A. Portuguese Civil Code, 1867, Articles 24 and 1784 - Applicabil...

THE STATE OF RAJASTHAN AND ORS vs. LORD NOTHBOOK AND ORS.

Judgement Date : august/2019, Citation : 2019 Latest Caselaw 792 SC

Headnote :

A. Under the Rajasthan Escheats Regulation Act, 1956, specifically Sections 4, 6, and 7, along with Section 29 of the Hindu Succession Act, 1956, the doctrine of escheats applies under certain conditions. When an individual dies intestate and leaves no qualified heirs to inherit their property, that...

Pioneer Urban Land and Infrastructure Limited v. Union of India

Judgement Date : august/2019, Citation : 2019 Latest Caselaw 698 SC

Headnote :

The Insolvency and Bankruptcy Code of 2016, specifically Sections 5(7) and 7, along with Section 2 of the Real Estate (Regulation and Development) Act of 2016.

Kanta Yadav Vs. Om Prakash Yadav

Judgement Date : july/2019, Citation : 2019 Latest Caselaw 584 SC

Sameer Kapoor Vs. State through Sub-Division Magistrate South, New Delhi

Judgement Date : april/2019, Citation : 2019 Latest Caselaw 437 SC

Joseph Easwaran Wapshare Vs. Shirley Katheleen Wheeler

Judgement Date : february/2019, Citation : 2019 Latest Caselaw 182 SC

Murugan Vs. Kesava Gounder (D) through LRS.

Judgement Date : february/2019, Citation : 2019 Latest Caselaw 174 SC

Radhamma Vs. H.N. Muddukrishna

Judgement Date : january/2019, Citation : 2019 Latest Caselaw 51 SC

Nipun Saxena Vs. Union of India

Judgement Date : december/2018, Citation : 2018 Latest Caselaw 927 SC

Jarnail Singh Vs. Bhagwanti (D) through LRS.

Judgement Date : november/2018, Citation : 2018 Latest Caselaw 875 SC

B.C. Singh (D) by LRS. Vs. J.M. Utarid (D) by LRS. [May 8, 2018]

Judgement Date : may/2018, Citation : 2018 Latest Caselaw 354 SC

Suresh Kumar Kohli Vs. Rakesh Jain and Another [APRIL 19, 2018]

Judgement Date : april/2018, Citation : 2018 Latest Caselaw 296 SC

Uttam Vs. Saubhag Singh & Ors. [March 2, 2016]

Judgement Date : march/2016, Citation : 2016 Latest Caselaw 207 SC

Prakash & Ors. Vs. Phulavati & Ors. [OCTOBER 16, 2015]

Judgement Date : october/2015, Citation : 2015 Latest Caselaw 715 SC

Jai Mahal Hotels Pvt. Ltd. Vs. Rajkumar Devraj & Ors. [SEPTEMBER 23, 2015]

Judgement Date : september/2015, Citation : 2015 Latest Caselaw 630 SC

ABC Vs. The State (NCT of Delhi) [July 06, 2015]

Judgement Date : july/2015, Citation : 2015 Latest Caselaw 439 SC

Leela Rajagopal & Ors. Vs. Kamala Menon Cocharan & Ors. [SEPTEMBER 08, 2014]

Judgement Date : september/2014, Citation : 2014 Latest Caselaw 561 SC

Puttamma & Ors. Vs. K. L. Narayana Reddy & ANR. [DECEMBER 9, 2013]

Judgement Date : december/2013, Citation : 2013 Latest Caselaw 858 SC

Dayanandi Vs. Rukma D. Suvarna and others

Judgement Date : october/2011, Citation : 2011 Latest Caselaw 798 SC

Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Judgement Date : july/2011, Citation : 2011 Latest Caselaw 497 SC

Siddamurthy Jayarami Reddy (D) by LRs. Vs Godi Jaya Rami Reddy & ANR.

Judgement Date : april/2011, Citation : 2011 Latest Caselaw 263 SC

FGP Ltd. Vs. Saleh Hooseini Doctor & ANR. [2009] INSC 1581 (15 September 2009)

Judgement Date : september/2009, Citation : 2009 Latest Caselaw 770 SC

Bharpur Singh & Ors. Vs. Shamsher Singh [2008] INSC 2140 (12 December 2008)

Judgement Date : december/2008, Citation : 2008 Latest Caselaw 128 SC

Savithri & Ors Vs. Karthyayani Amma & Ors [2007] Insc 1078 (12 October 2007)

Judgement Date : october/2007, Citation : 2007 Latest Caselaw 865 SC

Sunil Gupta Vs. Kiran Girhotra & Ors [2007] Insc 1027 (9 October 2007)

Judgement Date : october/2007, Citation : 2007 Latest Caselaw 814 SC

Shanti Devi Vs. Daropti Devi & Ors [2006] Insc 956 (14 December 2006)

Judgement Date : december/2006, Citation : 2006 Latest Caselaw 899 SC

Sharad Subramanyan Vs. Soumi Mazumdar & Ors [2006] Insc 256 (28 April 2006)

Judgement Date : april/2006, Citation : 2006 Latest Caselaw 256 SC

Gurswaroop Joshi Vs. Beena Sharma & Ors [2006] Insc 232 (25 April 2006)

Judgement Date : april/2006, Citation : 2006 Latest Caselaw 232 SC

Nirmaljit Kaur Vs. State of Punjab & Ors [2005] INSC 675 (6 December 2005)

Judgement Date : december/2005, Citation : 2005 Latest Caselaw 671 SC

Kokilambal & Ors Vs. N.Raman [2005] INSC 270 (21 April 2005)

Judgement Date : april/2005, Citation : 2005 Latest Caselaw 270 SC

John Vallamattom & ANR Vs. Union of India [2003] INSC 300 (21 July 2003)

Judgement Date : july/2003, Citation : 2003 Latest Caselaw 297 SC

Janki Narayan Bhoir Vs. Narayan Namdeo Kadam [2002] INSC 551 (17 December 2002)

Judgement Date : december/2002, Citation : 2002 Latest Caselaw 551 SC

Madhukar D. Shende Vs. Tarabai Aba Shedage [2002] INSC15 (9 January 2002)

Judgement Date : january/2002, Citation : 2002 Latest Caselaw 15 SC

Clarence Pais & Ors Vs. Union of India [2001] INSC 102 (22 February 2001)

Judgement Date : february/2001, Citation : 2001 Latest Caselaw 102 SC

Balwant Kaur & ANR Vs. Chanan Singh & Ors [2000] INSC 232 (18 April 2000)

Judgement Date : april/2000, Citation : 2000 Latest Caselaw 229 SC

K.R. Patel Vs. Commissioner of Income Tax [1999] INSC 306 (27 August 1999)

Judgement Date : august/1999, Citation : 1999 Latest Caselaw 306 SC

Gurdial Kaur & Ors Vs. Kartar Kaur & Ors [1998] INSC 180 (26 March 1998)

Judgement Date : march/1998, Citation : 1998 Latest Caselaw 180 SC

V.M. Mathew Vs. V.S. Sharma & Ors [1995] INSC 434 (29 August 1995)

Judgement Date : august/1995, Citation : 1995 Latest Caselaw 427 SC

Bhagwan Kaur Vs. Kartar Kaur [1994] INSC 270 (28 April 1994)

Judgement Date : april/1994, Citation : 1994 Latest Caselaw 266 SC

Gumpha Vs. Jaibai [1994] INSC 111 (11 February 1994)

Judgement Date : february/1994, Citation : 1994 Latest Caselaw 110 SC

Navnit Lal Sakar Lal Vs. Commissioner of Income Tax [1991] INSC 278 (29 October 1991)

Judgement Date : october/1991, Citation : 1991 Latest Caselaw 278 SC

Headnote :

The appellant\'s grandfather created a will in 1956, leaving his properties to the appellant and his brother. After the testator\'s death in 1957, his son \'S\', who did not have the title of executor, filed Income Tax and Wealth-Tax returns for the deceased\'s estate, and assessments were made base...

Commissioner of Gift Tax, Ernakulam Vs. Abdul Karim Mohd [1991] INSC 147 (10 July 1991)

Judgement Date : july/1991, Citation : 1991 Latest Caselaw 147 SC

Headnote :

A Muslim businessman made a gift of certain movable assets to the respondent assessee while he was gravely ill, passing away from the illness six weeks after the gift was documented. During the gift-tax assessment, the assessee sought an exemption for this gift under Section 5(1)(xi) of the Gift Tax...

Elizabeth Antony Vs. Michel Charles John Chown Lengera [1990] INSC 139 (12 April 1990)

Judgement Date : april/1990, Citation : 1990 Latest Caselaw 139 SC

Headnote :

The respondent, who claims to be the beneficiary of the estate of the deceased \'M\' under a will she executed, submitted an application to the Sub Court for Letters of Administration. The petitioner filed a caveat and contested the probate of the will, arguing that the will presented by the respond...

M. Veerappa Vs. Evelyn Sequeira & Ors [1988] INSC 12 (13 January 1988)

Judgement Date : january/1988, Citation : 1988 Latest Caselaw 12 SC

Headnote :

A tenant named Mr. Sequeira sought to appeal to the Supreme Court against a High Court order that upheld his eviction from his business premises. He hired an Advocate, who is also the appellant, to file the appeal. The Advocate submitted a petition for Special Leave to the Supreme Court, which was h...

Gujarat State Road Transport Corporation, Ahmedabad. Vs. Ramanbhai Prabhatbhai & ANR [1987] INSC 163 (11 May 1987)

Judgement Date : may/1987, Citation : 1987 Latest Caselaw 162 SC

Headnote :

Civil Procedure Code, 1908--Section 2 (ii)--\'Legal representative\'--Definition. Words and Phrases--\'Legal representative\'--Interpretation. HEADNOTE:The respondents, who are the brothers of the deceased, filed a petition with the Motor Accidents Claims Tribunal under the Motor Vehicles Act, 1939,...

Commissioner of Wealth Tax. Kanpur Vs. Chander Sen [1986] INSC 136 (16 July 1986)

Judgement Date : july/1986, Citation : 1986 Latest Caselaw 136 SC

Headnote :

Rangi Lal and his son Chander Sen formed a Hindu undivided family (HUF) that owned some immovable property and operated a family business. Following a partial partition, the HUF business was divided between them, and they continued to run it as partners, while the family house property remained join...

Mrs. Mary Roy Vs. State of Kerala & Ors [1986] INSC 22 (24 February 1986)

Judgement Date : february/1986, Citation : 1986 Latest Caselaw 22 SC

Headnote :

Before July 1949, Travancore was a princely state, and the law governing intestate succession for members of the Indian Christian Community in that region was the Travancore Christian Succession Act, 1092 (Kollan Era).According to this Act, a widow or mother entitled under sections 16, 17, 21, and 2...

Commissioner of Wealth Tax, Lucknow Vs. P. K. Banerjee [1980] INSC 174 (9 September 1980)

Judgement Date : september/1980, Citation : 1980 Latest Caselaw 174 SC

Headnote :

The respondent assessee, based on a trust deed executed by his father Pyarey Lal Banerji on October 26, 1937, which was later modified by another deed on April 28, 1950, received \"the net income of the trust funds\" following his father\'s death. The assessee classified this income as an annuity an...

Durga Prasad Vs. Devi Charan [1978] INSC 182 (19 September 1978)

Judgement Date : september/1978, Citation : 1978 Latest Caselaw 182 SC

Headnote :

The respondent was the adopted son of the testatrix, who created a will in 1935 stating that her properties were to be dedicated to a private temple located in her home, with this dedication lasting indefinitely. However, in 1938, she revoked the previous will and allocated part of her house and oth...

C.I.T. West Bengal Iii, Calcutta Vs. Sri Jagannath Jee [1976] INSC 338 (17 December 1976)

Judgement Date : december/1976, Citation : 1976 Latest Caselaw 338 SC

Headnote :

Raja Rajendra Mullick Bahadur of Calcutta executed his final will on February 21, 1887. The will was authored by a devout Indian, while John Hart, an English solicitor, drafted the document. It begins with the phrase, \'I hereby dedicate and make debutter my Thakurbaree.\' The Income Tax Officer iss...

Jaswant Kaur Vs. Amrit Kaur & Ors [1976] INSC 258 (25 October 1976)

Judgement Date : october/1976, Citation : 1976 Latest Caselaw 258 SC

Headnote :

S. Gobinder Singh Sibia owned a substantial estate valued at approximately Rs. 15 lacs at the time of his death in 1954. He had two wives, Gulab Kaur and Dalip Kaur, with Dalip Kaur having passed away before him, leaving behind a son and a grandson named Surjit. Following S. Gobinder Singh\'s death,...

Commr. of Wealth Tax, Madras & Ors Vs. R. Sridharan [1976]131 (29 April 1976)

Judgement Date : april/1976, Citation : 1976 Latest Caselaw 131 SC

Headnote :

The late R. Sridharan entered into marriage with Rosa Maria Steinbichler, a Christian of Austrian descent, under the Special Marriage Act of 1954. They had a son, Nicolas Sundaram, from this union. During income tax, wealth tax, and expenditure tax assessments, Sridharan sought to be classified as a...

Ram Autar Lal Jain Vs. Minister of Transport & Ors [1973] INSC 221 (28 November 1973)

Judgement Date : november/1973, Citation : 1973 Latest Caselaw 221 SC

Headnote :

If an applicant for a stage carriage permit under Chapter IV of the Motor Vehicles Act, 1939 passes away before the Regional Transport Authority has considered their application, the heirs or legal representatives of the deceased do not have the right to take over the application and pursue it on be...

Sri Mahalinga Thambiran Swamigal Vs. His Holiness Sri La Sri Kasivasi Arulnandithambiran Swamiga [1973] INSC 191 (19 October 1973)

Judgement Date : october/1973, Citation : 1973 Latest Caselaw 191 SC

Headnote :

The appellant initiated a lawsuit seeking a declaration that he was entitled to remain as the junior head (Elavarasu) of the Tiruppandal or Kasi Mutt, along with a perpetual injunction preventing the defendant, the head of the Mutt, from interfering with his role as junior head.The defendant, who is...

Jalaja Shedthi & Ors Vs. Lakshmi Shedthi & Ors [1973] INSC 170 (20 September 1973)

Judgement Date : september/1973, Citation : 1973 Latest Caselaw 170 SC

Headnote :

Before the enactment of the Hindu Succession Act in 1956, the parties were subject to the Aliyasantana law. This customary law, known by two names—marumakattayam and aliyasantana—refers to inheritance through nephews or the sons of sisters, respectively. The fundamental principle of the joint fa...

Talkeshwari Devi Vs. Ram Ran Bikat Prasad Singh & ANR [1972] INSC 12 (12 January 1972)

Judgement Date : january/1972, Citation : 1972 Latest Caselaw 12 SC

Headnote :

According to clause 4 of the will, the testator granted his granddaughters, T and S, an absolute right to the properties that would pass to them after the death of his wife. Clause 5 stipulated that if either granddaughter were to die without children, the surviving granddaughter would inherit the e...

Raman Nadar Viswanathan Nadar & Ors Vs. Snehappoo Rasalamma Alias Ammukutty & Ors [1969] INSC 248 (17 September 1969)

Judgement Date : september/1969, Citation : 1969 Latest Caselaw 248 SC

Headnote :

K, a Hindu, had no children but had a brother named R who had three daughters. K and R jointly created a will that bequeathed K\'s assets to any sons born in the future to R, excluding the daughters, after the deaths of both K and R. K passed away in 1947. The appellants, who claimed to be R\'s sons...

S. Jhansi Lakshmi Bai & Ors Vs. Pothana Apparao & Ors [1969] INSC 82 (17 March 1969)

Judgement Date : march/1969, Citation : 1969 Latest Caselaw 82 SC

Headnote :

A Hindu created a will instructing his wife to sell the property listed in Schedule C and use the proceeds to fund the marriage of one Sitharathnam and to build a Ramamandiram in his name. Additionally, he specified that his wife would have full ownership of the property in Schedule E, and upon her...

Prativa Bose Vs. Kumar Rupendra Deb Raikat & Ors [1963] INSC 147 (10 May 1963)

Judgement Date : may/1963, Citation : 1963 Latest Caselaw 175 SC

Headnote :

The respondent initiated a lawsuit in the Subordinate Judge\'s court in Jalpaiguri, seeking a declaration of his title as the sole heir and successor to his father\'s impartible estate, which had been taken over by his stepmother.This case was transferred and was pending in the High Court, alongside...

Smt. Somavanti & Ors Vs. The State of Punjab & Ors [1962] INSC 182 (2 May 1962)

Judgement Date : may/1962, Citation : 1962 Latest Caselaw 182 SC

Headnote :

In February 1961, the petitioners acquired more than six acres of land in Punjab for Rs. 4,50,000, intending to establish a paper mill. The sixth respondent, a private limited company licensed by the Government of India to manufacture various refrigeration compressors and related equipment, sought a...

Mrs. Hem Nolini Judah (Since Deceased) and After Her Leg Vs. Mrs. Isolyne Sarojbashini Bose & Ors [1962] INSC 59 (16 February 1962)

Judgement Date : february/1962, Citation : 1962 Latest Caselaw 59 SC

Headnote :

Dr. Miss Mitter, the owner of a house, passed away, leaving behind her mother and three sisters. The plaintiff, a respondent in the case, initiated a lawsuit seeking a declaration of her ownership of the house.The plaintiff argued that the deceased had bequeathed the house to her sister, Mrs. Momin,...

Rani Purnima Devi & ANR Vs. Kumar Khagendra Narayan Dev & ANR [1961] INSC 251 (22 August 1961)

Judgement Date : august/1961, Citation : 1961 Latest Caselaw 251 SC

Headnote :

K submitted a request for letters of administration with the attached will. This will bequeathed all the property to K, a distant relative of the deceased, on the condition that K would support the widow and sister of the deceased. Other relatives, including the deceased\'s daughter, were entirely e...

E. Vs. Balakrishnan Vs. Mahalakshmi Ammal & ANR [1961] INSC 68 (24 February 1961)

Judgement Date : february/1961, Citation : 1961 Latest Caselaw 68 SC

Headnote :

Viswanatha Iyer, who had two minor daughters but no sons, treated his brother Seetharama Iyer\'s son, the appellant, as a foster son. Before his death, he created a will that entrusted the management of his properties to his brother and stipulated that once his daughters reached adulthood, Seetharam...

Champalal Vs. Mst. Samarath Bai [1960] INSC 11 (21 January 1960)

Judgement Date : january/1960, Citation : 1960 Latest Caselaw 11 SC

Headnote :

The respondents\' husband authorized her to adopt the appellant through a will, which was properly registered after his death. The pertinent section of the will stated: \"Under this will, I am authorizing the said Champalal Ishwardas to execute the same. I have appointed him the executor of this wil...

Rajes Kanta Roy Vs. Santi Debi [1956] INSC 72 (19 November 1956)

Judgement Date : november/1956, Citation : 1956 Latest Caselaw 72 SC

Headnote :

A settlor executed a deed of trust concerning all his properties, arranging for the settlement of his debts and the transfer of property to his sons. The deed specified that (1) particular lots of property were designated for each of his two sons, (2) the current income was to be used to pay off the...

Anil Behari Ghosh Vs. Smt. Latika Bala Dassi & Ors [1955] INSC 28 (15 April 1955)

Judgement Date : april/1955, Citation : 1955 Latest Caselaw 28 SC

Headnote :

The phrase \"defective in substance\" as used in Explanation el. (a) to section 263 of the Indian Succession Act, 1925 indicates that the defect significantly impacted the regularity and accuracy of the prior proceedings.In typical cases, failing to issue citations to individuals who should have bee...

Naresh Charan Das Gupta Vs. Paresh Charan Das Gupta [1954] INSC 115 (2 December 1954)

Judgement Date : december/1954, Citation : 1954 Latest Caselaw 115 SC

Headnote :

Once it has been established that a will was executed with the proper formalities by an individual who possesses the necessary understanding and appears to be acting freely, the responsibility to demonstrate that it was executed under undue influence falls on the person making that claim.It is well...