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VIKAS GARG (LAWYER)     11 March 2009

sucession act 1925


 

 here i want to know something about section 57 of indian sucession act 1925.the said section is as follows:


Section 57 - Application of certain provisions of Part to a class of wills made by Hindus, etc.


 [57.] Application of certain provisions of Part to a class of wills made by Hindus, etc.

The provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications specified therein, apply-

(a) to all Wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of September, 1870, within the territories which at the said date were subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay; and

(b) to all such Wills and codicils made outside those territories and limits so far as relates to immoveable property situate within those territories or limits;  [and

(c) to all Wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of January, 1927, to which those provisions are not applied by clauses (a) and (b):]

Provided that marriage shall not revoke any such Will or codicil.


here i want to know which territories currently comes under clause (a) {were subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay; }

thanks



Learning

 11 Replies

Swami Sadashiva Brahmendra Sar (Nil)     12 March 2009

 It covers allmost all parts of India. please also see "Bengal, Agra and Assam Civil Courts Act, 1887" for teritories of northern, north-western and north-east India. rest are also covered by thier respective Acts. These are not Statewise, rather seral States are governed by one Act.


Further note that clause(a) is applicable to  wills executed between 1st Sept. 187o and 1st Jan. 1927 only. It is also to be noted that before  this Act the subject was governed by several Acts and this Act consolidates those previous Acts.

PALNITKAR V.V. (Lawyer)     12 March 2009

Dr. Tripathi is an authority on the subject.

N.K.Assumi (Advocate)     12 March 2009

Dear Dr.Tripathiji, my friend Vikasji, has raised important issues relating to Succession Act. Now, I would like to add another query. If a District Civil Judge issue Succession certificate and dispute arised out of that Succesion certificate can the same District civil Judge decide the case of that dispute?

Swami Sadashiva Brahmendra Sar (Nil)     12 March 2009

yes. but, subseqent disputes shall be tried as regular suits

N.K.Assumi (Advocate)     12 March 2009

Thank you Dr. for your valuable contributions.

N.K.Assumi (Advocate)     12 March 2009

But Dr. what about natural Justice? As the said judge will be sitting as a Judge in his own case?

Manish Singh (Advocate)     12 March 2009

Dear sir,


the judge herein shall not be trying his own case instead it is just gis duty to try cases of general public. the parties herein are not related to the said judge anyhow so it shall not beb against  natural justice. 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     12 March 2009

I do agree with my all ld. friends.

N.K.Assumi (Advocate)     12 March 2009

Thank you all of you for the valuable contributions.

N.K.Assumi (Advocate)     12 March 2009

But one more issue. Can a judge be a witness and a judge in a case before him?

Manish Singh (Advocate)     13 March 2009

no sir, a judge cant be a witness in a case which is being adjudicated by him only. that must be transferred to some other judge. but again it must be seen under what capacity he is deposing. 


still being a witness in a case before him shall be a matter of dispute and shall definitely be against the principles of natural justice. 


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