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Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

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Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application for Dismissal of Proceedings Under Bombay Regulation VIII of 1827. Successive Applications for Legal Heirship Certificate Not Barred by Res Judicata as Proceedings Are Summary in Nature.

The petitioners, Parvatabai and Suresh More, filed a writ petition challenging an order dated 18/06/2018 passed by the 11th Joint Civil Judge Senior D...

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Bombay High Court Allows Motion to Strike Out Caveat Filed by Person Claiming Adverse Title in Probate Proceedings. Caveator Without Caveatable Interest Cannot Maintain Caveat Under Section 283 of Indian Succession Act, 1925.

The petitioner, Ashokkumar Krishnakumar Shukla, as sole executor named in the last Will and testament of Krishnakumar, filed a probate petition in the...

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Bombay High Court Allows Amendment of Probate Petition to Letters of Administration in Succession Case. Petitioner, a legatee, permitted to amend probate petition to one for letters of administration despite delay, following Supreme Court precedent that technical defects should not bar justice.

The petitioner, Shri Abhijit Vijay Sartape, filed a writ petition challenging the order dated 15.3.2012 passed by the learned Civil Judge, S.D., Pandh...

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Bombay High Court Allows Appeal Against Single Judge Order Requiring Separate Valuation and Court Fees for Joint Will Probate. Court Holds That a Joint Will Executed by Testator and Testatrix Constitutes a Single Subject for Probate, Attracting Single Court Fee Under Bombay Court Fees Act.

The appeal arose from an order of the Learned Single Judge dated 6 February 2013 in a Testamentary Petition for probate of a joint will executed by Ka...

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Bombay High Court Dismisses Review Petition in Administration Suit Involving Will of Muslim Deceased Married Under Special Marriage Act. Court Holds That Marriage Registration Under Special Marriage Act Attracts Indian Succession Act, Removing Muslim Personal Law Restrictions on Testamentary Disposition.

The plaintiffs filed a Review Petition No. 41 of 2010 seeking review of an order dated 14th October 2010 passed in Notice of Motion No. 2974 of 2008 i...

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Bombay High Court Dismisses Petition Claiming Share Under Will in Partition Execution — Will Not Probated Under Section 213 of Indian Succession Act, 1925, Hence Cannot Be Recognized in Execution Proceedings.

The petitioner, Vishnu Ramchandra Undage, was defendant no. 3 in a partition suit (R.C.S. No. 7/1994) filed by respondent no. 1 (plaintiff) against Ra...