Search Results for "Succession"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Search Results for "Succession"

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Supreme Court

Supreme Court Allows Appeals in Testamentary Succession Dispute Over Estate of Purvez Burjor Dalal — Court-Monitored Criminal Investigation Quashed as Civil Court Lacks Inherent Power to Order Investigation Under Section 482 CrPC. The Court held that a civil court, in a testamentary proceeding under the Indian Succession Act, 1925, cannot direct a court-monitored criminal investigation, as such power is not available to a civil court under the Code of Criminal Procedure, 1973.

1 Jan 2026

The present appeals arise out of a common final judgment and order dated July 16, 2024, passed by the Division Bench of the High Court of Judicature a...

Supreme Court

Supreme Court Refers Question of Interpretation of Section 14 of Hindu Succession Act, 1956 to Larger Bench Due to Conflicting Precedents. Property received by Hindu female in lieu of maintenance under a will creating life estate raises question whether it falls under Section 14(1) or 14(2).

9 Dec 2024

The present appeal arises from a suit for declaration and possession filed by the respondents (son and grandson of the testator) against the appellant...

High Court

Bombay High Court Allows Application to Reject Caveat in Probate Petition for Lack of Caveatable Interest. Brother of Deceased Cannot Oppose Grant of Probate Based on Adverse Title Claim to Subject Property.

4 Jul 2024

The petitioner, the nephew and sole executor of the deceased Dhruva Kumar Makharia, filed a petition for grant of Probate of the deceased's Will dated...

High Court

High Court of Karnataka Allows Writ Petition Challenging Rejection of Probate Application Under Section 276 of Indian Succession Act, 1925 — Trial Court Directed to Consider Application on Merits Without Insisting on Valuation of Immovable Properties

19 Mar 2019

The petitioners, who are the legal heirs of deceased B.M. Chandregowda, filed a probate application under Section 276 of the Indian Succession Act, 19...

Supreme Court

Supreme Court Allows Appeal by Lineal Descendant in Succession Certificate Revocation Case. Respondent Held to Have No Locus Standi as She Was Not a Lineal Descendant of the Deceased Under Section 33(a) of the Indian Succession Act, 1925.

26 Feb 2019

The appeal arose from a proceeding to revoke a Succession Certificate granted to the appellant, Joseph Easwaran Wapshare, on 16.03.2005, in respect of...

High Court

Bombay High Court Allows Tenant's Application for Leave to Defend in Eviction Suit — Tenant's Affidavit Disclosing Triable Issues Regarding Bona Fide Requirement and Subletting Warrants Unconditional Leave. The court held that under Order 37 Rule 3(5) CPC, leave to defend must be granted if the affidavit raises triable issues, and the tenant's claim of tenancy and lack of bona fide requirement constituted such issues.

8 Jan 2019

The plaintiff, Sushilarani Baburao Patel, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Geeta Patel...

High Court

Bombay High Court Dismisses Second Appeal in Earthquake Compensation Dispute — Mother of Deceased Daughter Entitled to Share as Class I Heir Under Hindu Succession Act, 1956. The court held that the mother of a deceased married woman is a Class I heir and entitled to compensation under the earthquake resettlement scheme, rejecting the claim of the mother-in-law for the entire amount.

9 Apr 2015

The case pertains to a dispute over death compensation under the earthquake resettlement scheme floated by the State of Maharashtra following the deva...

High Court

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.

23 Aug 2013

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...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Retrospective Application of Amendment Deleting Section 23 of Hindu Succession Act. Female Heirs Entitled to Partition of Dwelling House as Amendment Removes Disability and Applies to Pending Appeals.

23 Sep 2011

The case involves a partition suit filed by Respondent No.1 (original plaintiff) against her brothers, including the Appellant (original defendant No....

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower appellate court's decree confirming plaintiff's title and possession based on sale deed and adverse possession.

30 Nov -0001

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, arising from a property dispute. The original plaintiff (sin...

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