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Search Results for "Will"

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High Court

Bombay High Court Dismisses Appeal in Property Ownership Dispute — Fails to Prove Sole Ownership and Adverse Possession. Court upholds trial court's finding that appellant failed to establish exclusive title and that suit was barred by limitation under Article 65 of Limitation Act, 1963.

3 Nov 2025

The case involves a property dispute between the appellant, Namdeo Gangaram Mandalkar (since deceased, represented by his heirs), and the respondent, ...

High Court

Bombay High Court Allows Probate Petition for Will Executed by NRI in Ecuador. Will executed abroad by Non-Resident Indian held valid under Section 63 of Indian Succession Act, 1925, and probate granted to executor in Mumbai.

16 Oct 2025

The petitioner, Sarwan Kumar Jhabarmal Choudhary, filed a testamentary petition (L) No. 6300 of 2024 in the Bombay High Court seeking probate of the L...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings on Will and Adverse Possession. The court held that the document dated 24.10.1960 was a Will and not a settlement deed, and that the appellant failed to prove adverse possession.

10 Oct 2025

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated 30....

High Court

Bombay High Court Dismisses Appeal Seeking Revocation of Probate — Copy of Will Inadmissible Without Original Under Evidence Act. Probate Granted Under Indian Succession Act Cannot Be Revoked Except on Grounds Under Section 383.

8 Oct 2025

The case involves a dispute between two real brothers, Deepak Shivram Patare (appellant) and Vijay Shivram Patare (respondent), over the estate of the...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Holds That Purchaser of Property During Pendency of Suit Is Bound by Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882, and That Will Deed Must Be Proved in Accordance with Law. The court held that the appellant, who purchased the property during the pendency of the suit, is bound by the decree, and the will deed was not duly proved as attesting witnesses were not examined.

18 Nov 2019

The case involves a second appeal arising from a partition suit. The original plaintiffs, Shivaji and Kamlabai, claimed a 1/3rd share in the propertie...

High Court

Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

22 Aug 2019

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

High Court

Bombay High Court Grants Probate of Will in Favor of Executor Despite Challenge by Caveator Claiming Earlier Will. Court Upholds Validity of Later Will Executed in Hospital, Finds No Suspicious Circumstances.

16 Jul 2019

The case concerns a probate petition filed by Prakash Sunderdas Aswani, the sole executor named in the last Will of Pushpa Thakurdas Aswani dated 18th...

High Court

Bombay High Court Allows Second Appeal in Property Possession Dispute Based on Will — Finds Appellate Court Erred in Reversing Trial Court's Dismissal of Suit for Non-Prosecution of Will and Adverse Possession. The court held that the will was not duly proved under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872, and the defendant's claim of adverse possession was not established.

11 Jun 2019

The present second appeal was filed by the original defendant No.1, Shivram s/o Raghunath Barbole, challenging the judgment and decree dated 30-06-201...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Probate in Will Dispute — Probate Court's Jurisdiction Limited to Testamentary Validity, Not Title or Succession. Court held that probate proceedings are not the appropriate forum to adjudicate disputes over title or entitlement to property, and the probate court's role is confined to determining the validity and execution of the will.

26 Apr 2019

The appellant, Smt. Kamal Mahaling Patil, filed an application under Section 276 of the Indian Succession Act, 1925, seeking probate of a will dated 1...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit, Holding That Dismissal of Prior Suit as Premature Does Not Operate as Res Judicata. Finding on Will in Earlier Suit Not Binding When Suit Dismissed on Technical Ground.

16 Apr 2019

The case involves a dispute over possession of a suit property. The plaintiff, Deepali Dinanath Pawaskar, claimed title through a Will dated 5th May 1...

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