...section 52 of the Civil Procedure Code, the income of landed property which has passed from one zamindar to the next, ...realty which has descended to the heir-at-law. Stratford v. Ritson is a good instance, in which it was held that the income of such real property is liable for the debts of ...provision for execution upon the money belonging to a deceased person in the hands of another. There was no necessity to refer that point, nor do I think it necessary to say anything about it...

...disposed of at its full value by small conveyances realising sums from rupees 175 up to 1,000, and each of the deeds contains recitals alleging various facts to show that there was legal necessity which would justify ...the expenses consequent on the sradh and the satisfaction of debts incurred by the widows for the purpose of obtaining the money necessary for the payment ...no reliance upon it. There are, however, facts which are not in dispute, and they appear to their Lordships sufficient to support the validity of the transactions which it is sought to challenge. ...

...preferred by defendant-respondents 2 and 4-10 in Original Suit No. 141 of 1965 (the only one surviving) modified the decree reducing it to one-fourth of the decreed sum and focussed the liability ...on behalf of the appellant that the integrity of the two debts of Rs 25,000 and Rs 50,000 created by two promissory notes Exs. B-14 and B-15 could not be broken on the footing th...the Limitation Act against the other co-heirs of the deceased Mahomedan debtor. The view taken by a learned Single Judge of the Andhra Pradesh High Court in ...

...as neither the acknowledgement card nor the undelivered postal envelope has yet been received by the learned advocate-on-record of the petitioner.Mr. Mukherjee further submits that his clien....It is submitted by Mr. Mukherjee, learned advocate appearing for the petitioner that a copy of the said supplementary affidavit has already been served upon the District Inspector of...Schools and the Director of Pension, Provident Fund and Group Insurance, West Bengal.It is further submitted by him that the fate of service upon the school authority cannot be ascertained...

...very fact that the respondent had filed an application for grant of succession certificate along with his father, showing themselves to be the heirs and legal representatives of the deceased, is i...S.B Sinha, J.— Leave granted. One Chittaranjan Singh Sengar (since deceased) was posted as the Headmaster of Government School, Baradwar, District Champa, Janjgir...of the deceased Chittaranjan Singh Sengar who died in harness. It is nobody's case that the petitioner being the adopted son of the deceased employee is not entitled to seek appo...

...of consideration has gone towards liquidation of the debts of deceased Chudalamuthu Konar.8. The second point viz., that there was no pressing necessity or benefit to ...executing the sale deed does not really arise as the widows were discharging the debts of their deceased husband.9. The parties are governed by Hindu Law. A widow may alien...for certain religious or charitable purposes. Payment of debts of the deceased is essential and obligatory, and this falls under the category of religious or charitable purposes. ...

...disputing the question of inheritance and the extent of the rights purchased by the plaintiff, resisted the suit mainly upon the ground that the execution-sale ...he purchased conveyed to him absolute ownership of the property, as, under the Muhammadan Law, the debts of the deceased ancestor took precedence over the rights ...following table:—Under the Muhammadan law of inheritance, the estate of the deceased, being divided into 32 sehams devolved upon the heirs in the following proport...

...Collector have been held up for over five years.2. Sauji Ram and Mauji Ram died leaving certain property. The heirs of the deceased made an application under Section 4 of ...specifically mentioned that it was the self-acquired property of Ospal Singh, one of the applicants. At the time when the learned Special Judge sent the list of properties to ...Ram and Mauji Ram had to be paid, this note was overlooked and this Item No. 4 was also included in the list with the result that the debts due from the deceased Sauji Ram and Mauji Ram could be r...

...place, section 74(1), on a plain reading, negatives the contention of learned counsel for the assessee. It is in terms, inter alia, provided thereby that the estate duty payable in respect of the ...for if the estate of the deceased were to contain only movable property, section 74(1) will not be attracted and estate duty payable thereon cannot be deducted from the value of the estat...be excluded from the estate on the other. It postulates that the liability to pay the estate duty is not otherwise deductible from the valuation of the estate passing on the deat...

...passes on the death of a deceased shall not include immovable property situate outside India and also movable property so situate. But, if, at the time of his death, the deceased was domi...of the deceased. This section does not make any distinction between one kind of debt and another based on situs or residence of persons, to whom they were due from the deceased. But secti...deduction of the same. The section is as follows : "Debts to persons resident in foreign country not to be deducted in first instance except from duty - paid pr...

...found to be entitled to the whole or part of the debts is indemnified. The grantee of a Succession Certificate or Letters of Administration is only authorized to collect the ...not necessarily the heirs or only heir whether under the Will or otherwise and not entitled to the debts and properties of the deceased collected on the strength of ...of the Indian Succession Act, 1925 seeking Letters of Administration in respect of debts and securities left by their late father. The petitioners further claim that their father had exec...

...which they were agreed. 2. The first point is quite a simple one, whether under Section 52 of the Civil Procedure Code ...income of such real property is liable for the debts of the deceased as his assets in the hands of his heir, though it is not to be taken until the corpus is exhausted. ...attached, and it is unnecessary to sell it. The Code has made ample provision for execution upon the money belonging to a deceased person in the hands of another. There was no necessity to refer that...

...) Admit the writ petition of the petitioner; (ii) Issue notice upon the respondents; (iii) Call for the relevant records from the custody ...SB Account, Fixed deposit as well as term deposit in his name with respondent no. 3 in the bank of respondent and after death of husband of the petitioner, the petitioner several times approached ...judgment on 26/02/2024 and after the judgment of this Court, the respondents bank supplied the statements of debts of deceased person to the petitioner vide order 29/02/...

...claims obtained in the one case for the rents of property held by the deceased ghatwal in his private capacity and in the other case decretal, money obtained against the deceased...representative-in-interest of the deceased Raj Narain Deo, it being clearly understood that any execution that may be taken against her with regard to the personal debts of the ...1. These appeals arise from orders passed by the Subordinate Judge of Deoghar declining to substitute the widow of a ghatwal as judgment-debtor in the place of her deceased hus...

...the defendants would not be liable to repay the debts of the deceased unless they have inherited the estate of the deceased worth the debts le...aspect should be pleaded, proved and established on the part of the plaintiff prior to going into proof of the pronote and other aspects involved in the case, has erroneously decided the ...bearing.13. In the above circumstances, the lower Court is wrong in having not gone into this vital legal aspect that should have been fundamentally proved on the part of the plaintiff in a...

...and the interest of each heir is separate and distinct. Each heir is under the personal law liable to satisfy the debts of the deceased only to the extent of ...question in great respect, but because in our view it would conduce to greater clarity if the grounds on which the decisions have proceeded are examined in the light of the true principles applicable....represent those whose estate he has intermeddled with an administrator appointed by the Court would represent the estate, and a creditor may sue him for recovery of the debts due out of ...

..., and each of the deeds contains recitals alleging various facts to show that there was legal necessity which would justify the transaction. 6. It is not necessary to examine each of these recital...the expenses consequent on the Shradh and the satisfaction of debts incurred by the widows for the purpose of obtaining the money necessary for the payment ...appear to their Lordships sufficient to support the validity of the transactions which it is sought to challenge. The total value of the estate which the two widows inherited was 2,900 ru...

...the property is liable under the Hindu law for the payment of the debt of a deceased ancestor. Sir Ernest Trevelyan in the second edition of his Hindu Law, at p. 323, su...the person who succeeds to the property of another as heir or devisee, to pay the legal debts of such other person, whatever may be the purpose of such debts, to ..., property in the hands of a son or other descendant which is liable under the Hindu law for the payment of the debt of the deceased ancestor in respect of whic...

...there were other heirs of the deceased and consulted the eighth defendant, a nephew of the deceased, and was told that he had nothing to do with the property and that there were ...deceased. This defendant and the other relatives of the deceased who were examined are not reliable witnesses, and I think that they had notice of the proceedings in the City Cou...his behalf. The principal question in the case is whether she, as one of the heirs of the deceased and upon the refusal or inability of her co-heirs to join in ...

...of "the act" which runs as under : "44. In determining the value of an estate for the purpose of estate duty, allowance shall be made for funeral expenses (not exceeding rupees on...incumbrances created by a disposition made by the deceased, unless, subject to the provisions of section 27, such debts or...obtained, or (c) more than once for the same debt or incumbrance charged upon different portions of the estate, or (d) for debts, incurred by or on behalf of ...