22 January 2020
MADRAS HIGH COURT SOLOMON AND ORS. VS MUTHIAH AND ORS. ON 4 NOVEMBER, 1970 Summarised Judgement (Scroll for Complete Judgement) Facts of the Case: Admittedly, the parties are Syrian Christians who lived in that part of the former Travancore State which now forms part of the State of Tamil Nadu, after the reorganisation of the States. The said Swaminathan died issueless on 29th May, 1960, survived by his widow Muthammal. Muthammal is said to have executed two settlement deeds in favour of the app...
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22 January 2020
BOMBAY HIGH COURT VERA D. THACKERSEY VS. BAI MANEKBAI ANNASAHEB ... DATED : 11.02.1976 Summarised Judgement (Scroll for Complete Judgement) Introduction : This appeal has been filed against the judgment and order dated 16th April 1975 passed by the learned 2nd Joint Civil Judge, Senior Division, Poona, returning to the petitioner, who is the appellant before us, her application for letters of administration together with all documents, for presentation to the District Judge, Poona, under Section...
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22 January 2020
MADRAS HIGH COURT D. CHELLIAH NADAR & ANR. VS. G. LALITA BAI & ANR. DATED : 21.07.1976 Summarised Judgement (Scroll for Complete Judgement) Introduction : The trial court found that the Indian Succession Act governed the parties to the suit and dismissed the suit. On appeal, the learned District Judge of Kanyakumari held that the first plaintiff was not entitled to claim exclusive title to the properties. In the second appeal preferred by the plaintiffs, Raghavan, J. came to the conclusion that...
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22 January 2020
DELHI HIGH COURT SMT. MANEKA GANDHI VS. SMT. INDIRA GANDHI… DATE : 14.08.1984 Summarised Judgement (Scroll for Complete Judgement) Facts of the Case : Maneka Gandhi was married to Sanjay Gandhi on September 29th, 1974. Their son Feroze Varun Gandhi was born on March 13th, 1980. Sanjay Gandhi died on June 23rd, 1980. On February 3rd, 1982, Maneka Gandhi prepared a petition for grant of letters of administration in respect of some company securities under Section 278 of the Indian Succession Act,...
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22 January 2020
KERALA HIGH COURT THANKAMMA AND ANR. VS N. KUNJAMMA AND ORS ON 26 NOVEMBER, 1985 Summarised Judgement (Scroll for Complete Judgement) Facts of the Case: This is an appeal by the plaintiffs. They filed the suit for partition. Plaint B schedule property originally belonged to one Chadayan Pathiru. Pathiru died leaving a son, Paulose, and two daughters Rajamma and Thankamma. Plaintiffs contended that no streedhanam was given by Pathiru to his daughters. The case is that the properties of Pathiru de...
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22 January 2020
How to manage Wealth through Trust? What is a Trust? A Trust is used as an instrument to hold property for dependents and family members (intended beneficiaries), and alongside reducing the burden of tax. The law governing Trusts in India is codified and contained in the Indian Trust Act, 1882. A Trust is one of the ways through which an individual can plan for his/her Estate. The other ways of Estate planning are Wills, Insurance, Gift, Power of Attorney, transfer of property and partition. It...
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22 January 2020
KARNATAKA HIGH COURT H.V. VEERABHADRAIAH VS. H.S. KANTEERAVACHAR DATED : 14.07.2000 Summarised Judgement (Scroll for Complete Judgement ) Introduction : This petition under Section 115 of the Civil Procedure Code, arises from the order dated 23-6-1998 passed by the Civil Judge (Junior Division) (Mr. J.J. Subramanya), Koratagere, in Execution Case No. 30 of 1997, whereby the Trial Court has sustained the objections of the judgment-debtor (petitioner herein) regarding the non-joinder of the legal...
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22 January 2020
MADRAS HIGH COURT M. P. CHRISTOBER AND ORS. VS M. FABIAN AND ORS. ON 6 APRIL, 1999 Summarised Judgement (Scroll for Complete Judgement) Introduction: Defendants in O.S.No. 49 of 1984 on the file of Subordinate Judge, Padmanabapuram are the appellants herein. Parties will be referred to in accordance with their rank in the suit in the lower court. Facts of the Case: Plaintiffs, who are respondents herein filed the suit for declaration of title and recovery of possession of two items of properties...
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22 January 2020
BOMBAY HIGH COURT ISHWAR SINGH S/O CHUNNU SINGH & ... VS. KRISHNABAI W/O CHUNNUSINGH &... DATED : 12.12.1994 Summarised Judgement (Scroll for Complete Judgement) Introduction : Ishwarsingh Chunnusingh and five others submitted an application purporting to be under sections 192 and 195 of the Indian Succession Act on 4th March. 1987. Since Chunnusingh s/o Laxman Singh, owner of the property in dispute, died on 15-8-1986, the application was beyond the period of limitation of six months prescribed...
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22 January 2020
KERALA HIGH COURT ROSAMMA VS ANNAMMA ON 20 JANUARY, 2000 Summarised Judgement (Scroll for Complete Judgement) Facts of the Case: The appellants are the defendants in a suit for partition. The suit for partition was filed by the daughter of a deceased Christian from the Cochin area which was part of the erstwhile State of Cochin. The parties were then governed by the Cochin Christian Succession Act. Before the merger of the States of Cochin and Travancore under a covenant - the erstwhile princely...
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