S.299 Indian Succession Act | No Appeal Lies Against Order Rejecting Amendment Application In Plea For Grant Of Letters Of Administration: Allahabad HC
1 year ago

S.299 Indian Succession Act | No Appeal Lies Against Order Rejecting Amendment Application In Plea For Grant Of Letters Of Administration: Allahabad HC

Live Law  

The Allahabad High Court has held that no appeal lies under Section 299 of the Indian Succession Act, 1925 against an order rejecting amendment application in petition filed under Section 278 of the Act of 1925. The Court held that since Order 43 Rule 1 of CPC does not provide a remedy of appeal against orders passed under Order 6 Rule 17 CPC rejecting amendment application, the same needed to be challenged either by filing revision under Section 115 CPC or invoking the supervisory jurisdiction of the High Court under Article 227 of Constitution of India. An amendment application filed by the appellant in a petition under Section 278 of the Indian Succession Act, 1925 was rejected. Relying on Order 43 Rule 1 of CPC, the Court held that no appeal lies upon rejection on amendment application under Order 6 Rule 17 CPC.

Appeal Court Application Order Held Cpc Act Rule 1925 No Appeal 278 Section 278 Section 299 Of Section 278 Of The Act  rejecting  plea  court  order  succession  lies  letters  appeal  grant  act  application  278  rule  s299  cpc  hc  held  indian  1925

History of this topic

Order XXII Rule 4 CPC | Supreme Court Explains Correct Procedure To File Applications To Substitute Legal Heirs, Set Aside Abatement & Condone Delay
Trending News
1 month, 1 week ago

Order XXII Rule 4 CPC | Supreme Court Explains Correct Procedure To File Applications To Substitute Legal Heirs, Set Aside Abatement & Condone Delay

Live Law  

The Supreme Court has issued a clarification regarding the substitution of legal heirs in ongoing litigation, addressing a frequent procedural misstep by lawyers. "Thus, the total time-frame for filing an application for substitution and for setting aside abatement, as outlined in Articles 120 and 121 of the Limitation Act, is 150 days. Moreover, if the lawyer misses both the opportunity, …

Succession Certificate Not Required For Death-Cum-Retirement Benefits In Case Of Existing Nomination: Allahabad High Court
3 months ago

Succession Certificate Not Required For Death-Cum-Retirement Benefits In Case Of Existing Nomination: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that it is not necessary for an applicant to provide a succession certificate if a nomination exists to their name, while making an application for death-cum-retiral benefits of a deceased government employee. Regarding the petitioner's claim to the death-cum-retiral benefits, the Court observed that neither the Court nor the respondent authorities could determine …

[Indian Succession Act] Question Of Title Over Property Can't Be Decided During Probate Proceedings, Requires Filing Of Separate Suit: Patna High Court
9 months, 1 week ago

[Indian Succession Act] Question Of Title Over Property Can't Be Decided During Probate Proceedings, Requires Filing Of Separate Suit: Patna High Court

Live Law  

The Patna High Court has held that the probate proceedings are not the appropriate stage to adjudicate on the title and interest of a testator under the Indian Succession Act, 1925 and that the determination over the question of title could be done only by filing a separate suit. The High Court stated that probate proceedings are not a place …

Succession Act 1925 | Appeal Against Civil Judge Order Denying Succession Certificate Lies Before District Judge Not HC: Allahabad High Court
1 year, 3 months ago

Succession Act 1925 | Appeal Against Civil Judge Order Denying Succession Certificate Lies Before District Judge Not HC: Allahabad High Court

Live Law  

The Allahabad High Court has held that an appeal against the order of a Civil Judge rejecting a plea for the issuance of a succession certificate would lie before the District Judge under Section 388 of the Indian Succession Act, 1925, and not before the High Court under Section 384 of the Act. The proviso to sub­section creates an exception …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XII]
1 year, 7 months ago

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XII]

Live Law  

Q.56 What is the scope of the prohibition under Section 213 of the Indian Succession Act, 1925? Q.58 When were Indian Christians excluded from the operation of Section 213 of the Indian Succession Act, 1925? In the case of Indian Christians in Kerala, the above mandate under Section 213 of the Indian Succession Act to have the Will probated etc. …

Article 137 Of Limitation Act Applies To Application For Revocation Of Succession Certificate U/S 383 Indian Succession Act: Meghalaya High Court
2 years, 6 months ago

Article 137 Of Limitation Act Applies To Application For Revocation Of Succession Certificate U/S 383 Indian Succession Act: Meghalaya High Court

Live Law  

The Meghalaya High Court recently observed that Article 137 of the Limitation Act applies to applications made under Section 383 of the Indian Succession Act which for revocation of a succession certificate. Justice H. S. Thangkhiew observed: "Article 137 of the Limitation Act, provides for 3 years as a period of limitation, on an application for which no period of …

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court
2 years, 8 months ago

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court

Live Law  

The Delhi High Court has held that applications under Order XXII Rule 3 of CPC for substitution of legal heirs, or under Order XXII Rule 9 of the Code for setting aside abatement of proceedings must be considered liberally. The issues that arose for consideration in this case were– whether the consumer complaint case filed by the respondents had abated …

Probate Shall Be Granted Only To An Executor Appointed By The Will: Gujarat High Court
2 years, 11 months ago

Probate Shall Be Granted Only To An Executor Appointed By The Will: Gujarat High Court

Live Law  

The Bench comprising Justice Ashokkumar Joshi of the Gujarat High Court has been hearing an Article 227 petition challenging the order of the Trial Judge pertaining to an application under Order 6 Rule 17 of CPC. To bolster these contentions, reliance was placed on Govind M. Asrani v. Jairam Asrani and Another, AIR 1963 456 to submit that "the learned …

Mechanical Compliance Of Stipulations U/Sec 63 Indian Succession Act Does Not Prove Execution Of Will: Supreme Court
3 years, 3 months ago

Mechanical Compliance Of Stipulations U/Sec 63 Indian Succession Act Does Not Prove Execution Of Will: Supreme Court

Live Law  

The Supreme Court observed that mechanical compliance of stipulations under Section 63 of the Indian Succession Act, 1925, does not prove the execution of a Will.Evidence of meeting the requirement of the said provision must be reliable, the bench of Justices L. Nageswara Rao and Aniruddha Bose said.In this case, the person claiming to be scribe of the Will as …

'Even If Will Not Enforceable For Being Void, It Is Not Non-Est & Is Admissible Under Evidence Act S. 32(5) To Decide Pedigree': Allahabad HC [Read Judgment]
4 years, 8 months ago

'Even If Will Not Enforceable For Being Void, It Is Not Non-Est & Is Admissible Under Evidence Act S. 32(5) To Decide Pedigree': Allahabad HC [Read Judgment]

Live Law  

"Even if the Will is not enforceable for being void or may not be relevant under Section 32 of the Evidence Act, 1872 as a Will, it would still be admissible and relevant under Section 32 of the Act because the relevant recital in the Will is a statement in writing of the deceased and relates to the existence of …

Kerala HC Turns Down Widow’s Plea Challenging Constitutionality Of Sect. 33(b) Of Indian Succession Act Providing 50% Share Of Deceased Husband’s Property To His Kin [Read Judgment]
6 years, 9 months ago

Kerala HC Turns Down Widow’s Plea Challenging Constitutionality Of Sect. 33(b) Of Indian Succession Act Providing 50% Share Of Deceased Husband’s Property To His Kin [Read Judgment]

Live Law  

The provisions of the Act, 1925 have withstood the test of time without much amendment, the court said.The Kerala High Court has turned down a widow’s plea challenging the constitutionality of Section 33 of the Indian Succession Act which provides 50 percent of deceased husband’s property to those who are kindred to him.Philomina had approached the high. The Kerala High …

Discover Related