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Bombay High Court Grants Letters of Administration for Unattested Will of Sunni Muslim Testator — Section 63 of Indian Succession Act, 1925 Not Applicable to Muslims; Hanafi Law Does Not Require Attestation

The case concerns an uncontested petition for Letters of Administration with Will annexed filed in 1990, which remained pending for 31 years. The test...

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Bombay High Court Dismisses Petition Challenging Eviction of Unauthorised Occupant from Railway Land. Section 5A of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 applies to pre-existing unauthorised constructions as it is procedural in nature.

The petitioner, Bharat Purohit Mithaiwala, challenged an eviction order dated 25.7.2003 passed by the Estate Officer under the Public Premises (Evicti...

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Supreme Court Upholds Impartible Estate Status of Nazul Property in Former Ruler's Succession Dispute. Perpetual Leasehold Rights Held as Part of Impartible Estate Governed by Primogeniture, Not Coparcenary Property.

The Supreme Court of India heard civil appeals arising from a common judgment of the Allahabad High Court concerning the nature of perpetual leasehold...

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Bombay High Court Dismisses Appeal in Estate Administration Suit — Appellant Failed to Establish Entitlement to Relief Under Consent Decree of 1958. The court held that the notice of motion seeking compliance with consent terms was not maintainable due to execution of the decree and inordinate delay.

The appeal arose from a suit for administration of the estate of Maharani Bala Kumari Devi, filed in 1957. On 11 February 1958, the parties filed cons...

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High Court of Karnataka Hears Writ Petitions Challenging Government Order Appointing Administrator for Vyasaraja Mutt. Petitioners Allege That the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 Does Not Apply to the Mutt and Seek Quashing of the Administrator's Appointment.

The case involved two writ petitions filed in the High Court of Karnataka challenging the Government orders dated 26.05.2012 appointing an administrat...

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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.

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

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Bombay High Court Dismisses Testamentary Suit for Letters of Administration; Will Not Validly Executed Due to Suspicious Circumstances and Undue Influence. Holograph Will Dated 20 March 1980 Not Proved Under Section 69 of Indian Evidence Act, 1872; Propounder Failed to Remove Suspicious Circumstances.

The testamentary suit originated from a petition filed by the son of the deceased seeking Letters of Administration with the Will dated 20 March 1980....