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Madras High Court Allows Writ Petition of Adopted Daughter Against Cooperative Bank for Release of Pledged Jewels — Adoption Deed Raises Presumption of Validity Under Section 16 of Hindu Adoption and Maintenance Act, 1956, and Adopted Daughter is Class I Heir Entitled to Repay Loan and Redeem Pledge.

The petitioner, P.G. Monika, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the first and s...

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High Court of Karnataka Partly Allows Partition Appeal in Family Property Dispute — Modifies Trial Court's Decree on Self-Acquired Properties. The court upheld the trial court's finding on joint family property but excluded certain items from partition due to lack of evidence of jointness.

The case involves a partition suit filed by the respondents (daughters and widow) against the appellants (sons) for partition of suit schedule propert...

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Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

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Bombay High Court Upholds Will in Property Dispute Between Heirs and Legatee. Will dated 7.1.1997 executed by Joao Francisco Lobo in favour of plaintiff No.1 held valid, dismissing appeals by both parties.

The dispute concerns a property at Calangute known as 'Sullachi Nhat' with a house, originally belonging to Joao Francisco Lobo and his wife. Joao Fra...

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Bombay High Court Allows Appeal in Property Dispute Over Will Validity and Adverse Possession. The court held that the Will was not proved but the defendants failed to prove adverse possession, remanding for fresh consideration.

The dispute concerns a property at Calangute known as 'Sullachi Nhat' with a house, originally owned by Joao Francisco Lobo and his wife Joanita Lobo....

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Bombay High Court Dismisses Appeals in Property Dispute Over Will Validity and Adverse Possession. Court upholds trial court's finding that plaintiff failed to prove execution of will and defendants failed to prove adverse possession.

The case involves a property dispute between the plaintiffs (Carlos Tavora and others) and the defendants (Maria Felicidade Fernandes e Lobo and other...

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Bombay High Court Allows Appeal in Property Dispute Over Will Validity and Adverse Possession. The court upheld the validity of a Will and rejected the claim of adverse possession by co-owners, holding that possession must be hostile and with ouster to ripen into title.

The dispute pertains to a property known as 'Sullachi Nhat' in Calangute, Goa. The plaintiffs claimed title through a Will executed by Joao Francisco ...

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Bombay High Court Upholds Will in Property Dispute, Dismisses Claims of Undue Influence and Lack of Testamentary Capacity. The court held that the propounder of a will must prove its execution and attestation, and once that is done, the onus shifts to those alleging undue influence or fraud.

The case involves a dispute over a property known as 'Sullachi Nhat' in Calangute, Goa, originally owned by Joao Francisco Lobo and his wife Joanita L...