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

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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 limitation is provided elsewhere in the division. As the Succession Act, does not prescribe a specific period of limitation in such matters, it would thus imply that Article 137 be applied." The observation was made in a Revision Application preferred by the Petitioner aggrieved by rejection of her Section 383 application as time barred by the District Council Court, Shillong.

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History of this topic

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, 1 month ago

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

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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 …

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

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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 …

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]

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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 …

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