..., 1981 on transfer of the shares of the plaintiffs in the aforesaid property is void and invalid under Section 138 of Indian Succession Act and that th...registered will dated 17th September, 1981 on transfer of the share in the suit property is void and invalid under Section 138 of the Indian Succession Act, 1925? If so, whether the plain...the Indian Succession Act, they cannot be considered as a valid Will or codicil to the Will dated 17th September, 1981. The issue is decided against the-plaintiffs and in favour of defendant No. 1....

...absolutely bequeathed various portions of the suit property to the legatees. Section 138 of Indian Succession Act provides that where a fund is bequeathed absol...such direction. This Section applies to a case, where, on a reading of the Will, the intention of the Testator is found to be to give whole of his estate absolutely to the legatee, but, he has imposed...the right of the legatee would be treated as void. In other words, this Section applies to a case where the Testator has devised an absolute estate to the legatee, but, has specifically added a clause...

...reliance on Section 138 of Indian Succession Act, which is reproduced below:“Direction that fund be employed in particular manner following absolute beques...Bhandary, 60 (1995) DLT 832. Counsel for the defendant further contended that provision of Section 138 of the Act will not be applicable to the present case and has further contended t...testator must prevail than the earlier stand. Section 88 of the Indian Succession Act is to the following effect:“The last of two inconsistent clauses pre...

...illegal and invalid. Counsel for the respondent nos. 1 to 7 relies upon the provision of Section 138 of the Indian Succession Act in support of the ar...Will has to be implemented as if it contained no such restricted direction for the application or enjoyment of the fund which is bequeathed. Reliance along with Section 138 of the Indian...argument based on the provision of Section 138 of the Indian Succession Act, reliance is also placed on behalf of the respondent nos. 1 to 7 to the...

...four sons. 9. Now, law is clear. Once an unequivocal bequest is made, any cutting down of the interest is void. Section 138 of the Indian Succession Act, 19... RFA (OS) No.75/2015 Page 1 of 5 $~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI... % Date of Decision : August 05, 2015 + RFA (OS) 75/2015 RADHA KRISHAN VERMA & ANR. .....Appellants Represented by: Ms.Santwana, Advocate for...

...his legal heirs, without alienating the same, cannot be held to be valid, in accordance with Section 138 of the Indian Succession Act, 1925. Once a property is bequeathe....29. As per Section 138 of the Indian Succession Act, 1925, it is made clear that where a fund is bequeathed, absolutely, to or for the benefit ...the alienation of the property or by creating a restriction repugnant to the interest created in such a property. Further, Section 138 of the Indian Succession Act, 1925...

...appellate stage that the stipulation in Ext.A1 Will to perform puja is repugnant to the interest devised and therefore hit by Section 138 of the Indian Succession Act, 1925...performed annually is minuscule when compared to the income generated and does not affect the alienability or partibility of the property. The contention based on Section 138 of the ...advent of the Kerala Joint Hindu Family System (Abolition) Act, 1975. Each of the co-owners are entitled to manage the property who are none else than the plaintiffs and the...

...the respondent nos. 1 to 7 relies upon the provision of Section 138 of the Indian Succession Act in support of the arguments that if by a Will dated 16...it contained no such restricted direction for the application or RSA Nos. 143&144/2013 Page 18 of 30 enjoyment of the fund which is bequeathed. Reliance along with Section 138 of the...). (ii) To buttress the argument based on the provision of Section 138 of the Indian Succession Act, reliance is also placed on behalf ...

...four sons. 9. Now, law is clear. Once an unequivocal bequest is made, any cutting down of the interest is void. Section 138 of the Indian Succession Act, 19... RFA (OS) No.75/2015 Page 1 of 5 $~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI... % Date of Decision : August 05, 2015 + RFA (OS) 75/2015 RADHA KRISHAN VERMA & ANR. .....Appellants Represented by: Ms.Santwana, Advocate for...

..., submitted that the aforesaid restriction in the Will has no force in view of section 11 of the Transfer of Property Act as well as section 138 of the Indian ...already been vested in defendant Nos. 1 and 2 and the said restriction was repugnant to the main intention.27. Moreover, section 138 of the Indian Succession Act, 1925 ...entitled to receive the fund as if the Will had contained no such direction. Now, it has already been set at rest in several decisions of the Hon'ble Apex Court that the word “fund” used in section 138 of the ...

...clause (4). Further contention raised is that in view of the provisions contained in section 10 of the Transfer of Property Act and section 138 of the ...held to be invalid. In such a case the provisions of section 88 of the Succession Act, that the last of the two i...view of the provisions contained in section 10 of the Transfer of Property Act and section 138 of the Indian Succession Act....

... O.P.No.138 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.08.2023 CORAM ...hereto. For Petitioners : Ms.S.R.Sumathy ORDER The petition has been filed under Section 372 of the Indian Succession Act..., 1925 (Act XXIX of 1925) read with Order XXV Rule 6 of the Original Side Rules, to grant Succession Certificate to the second petitioner with the power to collect securities and receive the interest...

...absolute gift to the children of Mrs. Wilkins 'jointly share and share alike'." 20. Further, Section 138 of the Indian Succession ...before the Court and prove it as required under Section 68 of the Indian Evidence Act. Admittedly, the plaintiffs did not place the Will before the Trial Court. Therefore, the...Section 68 of the Evidence Act. 10. Secondly, he submits that the sale insofar as defendant Nos.2 to 8 are concerned was giv...

...submitted that even if the Will is read in a manner so as to provide for a restriction as to the enjoyment of the suit property, the said restriction would be void in view of Section 138 of the ...) (the appellant before the Division Bench). This Court was also required to consider whether the Will contemplated a mode of partition as well as whether the provisions of the Partition Act, 1893 are...well settled that there is no hiatus in succession and thus the suit property vested absolutely with Smt. Inder Rani Chopra on the demise of the testator. Undisputedly, she had full right to dispose of...

...Section 138 of the Indian Succession Act. It is held that where the bequest is of a life estate it cannot be said that it is bequeathed absolutely. That decisio...the Transfer of Property Act and not binding upon the plaintiffs. The learned Subordinate Judge further observed that under the Indian Law the vendor has no right to limit the interest of the...Section 11 of the Transfer of Property Act.6. The habendum in the Conveyance reads as follows:—“To ha...

..., he shall be entitled to receive and dispose of such interest as if there were no such direction, and also Section 138 of the Indian Succession Act, which runs...131 of the Indian Succession Act and also cited Sri Subramaniaswami Temple v. Ramaswamai Pillai (1950) 1 M.L.J. 300 : 63 L.W. 193...ignored by Sivagnanathammal. In this connection he also sought to his aid section II of the Transfer of Property Act, which runs as follows: Where, on a...

...alleged by Respondents Nos. 1 and 2 in view of Section 138 of the Indian Succession Act,18. Whether Respondents Nos. 1 and 2 have failed to comply with the office objection...prohibition on the legatees from selling this house, this restriction is null and void under Section 138 of the Indian Succession Act.38. Zillah and Eman...Res Judicata?13. Whether the Petition is maintainable under Section 301 of the Indian Succession Act and whether the Respondents Nos. 1 and 2 are not private...

... O.P.No.138 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.03.2025 CORAM ...20.06.2024. Ex.P9 Certificate under Section 65 B of the Indian Evidence Act, 1872. Ex.P10 My affidavit as attesting witness. Ex.P11 Photocopy of my Aadhar Card (Compared... K.KUMARESH BABU,J. kak O.P.No.138 of 2024 07.03...

...entitled to take the bequest, as if the will had contained no such direction, as per section 138 of the Indian Succession Act. Even on the assumption that what was...Ratnam, J.:— In these tax case references under section 64(1) of the Estate Duty Act; 1953 (hereinafter referred to as “the Act”), at the instance of the accountable person and the..., [1968] 70 ITR 632 (Ker), the Tribunal held that a one-eighth share alone can be said to have passed within the meaning of section 5 of the Act. In t...

.... In the memorandum of appeal, inter alia, the appellant has contended that in the impugned judgment learned Judge erred in explaining section 138 of the Evidence Act and ...proving the will. Appellant has also claimed that the will in this case was clearly proved in accordance with the requirement of section 63 of the Indian Succession Act. In the application for sta...section 71 of the Evidence Act for proving execution of the will by other evidence but, in this case, the plaintiff was not given such opportunity. Act of the commissioner who is duly appointed by...