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Will-Construction-Substitutional bequest, Validity
of Indian Succession Act (XXXIX of 1925), ss. 67, 129, 130.
HEADNOTE:
A Parsi testator ... other and even if the bequest to
Shirinbai failed under section 67 of the Indian Succession
Act by reason
Supreme Court of India
application of exception to Section 111 of the
Succession Act, it (bequest under the Will in favour of
legal heirs ... Indian Succession Act is
attracted. That section applies only to a bequest which is
contingent and here the bequest
Supreme Court of India
assessees acquiring a property by purchase,
gift, bequest, or succession, courts have held that the cost
of the property ... time
of the purchase, gift, bequest or succession. In
substance there is no difference in the matter of
ascertaining
Supreme Court of India
will; and if any such deed
or bequest breaks the line of succession the taluqa ceases to be
regulated ... bequest
is to the next heir in succession, such transfer or bequest does not
break the limitations. Under the Amen
Allahabad High Court
assessee acquiring a property
to the purchase, gift, bequest or succession, the cost of the property
to the assessee ... time of the purchase, gift, bequest or
succession, as the case may be (see Commissioner of Income-tax v.
Buckingham
Allahabad High Court
charities. Section 131 of the Indian Succession
Act provides for such bequests and the same is as follows:
131. Bequest ... death as per Section 113 of the Indian Succession Act, the bequest must
comprise of the whole of the remaining
Madras High Court
assessee acquiring a property by
purchase, gift, bequest or succession, courts have held that the
cost of the property ... time of the
purchase, gift bequest, or succession, as the case may be : see CIT
v. Buckingham & Caranatic
Gujarat High Court
their relatives either by a gift or by bequest
or by succession since he refers to the relevant passage from ... property
obtained by a woman either by gift, bequest or succession from her
relations either in her parents
Bombay High Court
summary of the report shows that the bequest is equated therein
with succession by inheritence, both becoming effective, as they ... except to the extent to which bequest seeks to
deflect the course of succession by inheritance, the former
Bombay High Court
provisions of Section 113 of the
Indian Succession Act and consequently the
bequests in favour of the University of Calcutta ... Section 116 of the Indian
Succession Act.
It appears to us that the bequests in favour of
the unborn
Supreme Court of India
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