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Search Results for "probate petition"

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High Court

Bombay High Court Allows Probate Petition for Will of Ajay Harpal Singh, Dismisses Caveat by Widow on Grounds of Lack of Bona Fide Interest and Abuse of Process. The court held that a caveat filed without a caveatable interest and with intent to delay proceedings is liable to be rejected under Section 283 of the Indian Succession Act, 1925.

7 Aug 2023

The case involves a probate petition filed by Dr. Harpal Singh, the father of the deceased Ajay Harpal Singh, seeking grant of probate of the last Wil...

High Court

Bombay High Court Grants Probate of Will in Favor of Propounder Despite Allegations of Undue Influence. Court holds that propounder discharged burden of proving due execution and testamentary capacity under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

31 Jul 2023

The plaintiff, Janki Suresh Bhandoola, as the sole executrix named in the last will and testament of Sushiladevi T. Parsani (the testatrix), filed a s...

High Court

Bombay High Court Grants Probate of Will in Favor of Executor/Son Despite Challenge by Daughter on Grounds of Forgery and Unnaturalness. Court holds that propounder proved due execution and attestation under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872, and that exclusion of natural heir was explained by prior gifts and strained relations.

30 Mar 2023

The present Testamentary Suit sought Probate in respect of a Writing dated 24th March 1997 (‘the said Will’), which the Plaintiff propounded as be...

High Court

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

10 Mar 2021

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

High Court

High Court of Karnataka Quashes Transfer Order in Probate Case Due to Lack of Jurisdictional Reasoning. Transfer of probate proceedings from District Court to jurisdictional Court set aside as the order failed to specify the transferee court and lacked application of mind.

26 Aug 2019

The petitioner, Smt. Rathi Devi D.S., was the plaintiff in probate proceedings originally numbered P&SC.No.107/2012, later re-numbered as O.S.No.10001...

High Court

High Court of Judicature at Bombay Removes Executor in Testamentary Proceedings for Misconduct Including Entering into Illegal Consent Terms Contrary to Will. Executor’s renunciation held irrevocable under Section 230 of Indian Succession Act, 1925; order of 30th July 2009 reinstating executor after renunciation declared incorrect; Court exercises suo motu power to remove executor in charitable will without any application from legatee.

3 May 2018

The dispute concerned the administration of the estate of the testator Bipin Gupta under his Will, wherein the executors appointed were Vasant Narayan...

High Court

Bombay High Court Grants Probate of Will in Testamentary Suit, Upholds Execution Despite Handwritten Additions and Suspicious Circumstances. Propounders Discharged Burden of Proof Under Section 63 of Indian Succession Act, 1925 by Examining Attesting Witness and Explaining Circumstances.

9 Jun 2016

The plaintiffs, Kirit N. Damania and Shantaram V. Pikale, executors named in the Will of Shashikala Baburao Alandkar, sought probate of the Will dated...

High Court

Bombay High Court Grants Probate of Will in Testamentary Suit — Execution and Attestation Proved Despite Suspicious Circumstances. Handwriting Expert and Attesting Witness Evidence Accepted to Establish Validity of Will Under Section 63 of Indian Succession Act, 1925.

7 Apr 2016

The suit was filed by Vibhushit Trivedi, the sole surviving executor, seeking probate of the last Will and testament of Chhotalal Karunashankar Trived...

High Court

Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

13 Feb 2012

The case involves a dispute over the interpretation of a Will and Codicil executed by one Jehangir Bomanji Boman Behram (the testator), a wealthy soli...

High Court

Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

13 Feb 2012

The case involves a First Appeal registered as such but to be decided as a Second Appeal under Section 100 of the Code of Civil Procedure, 1908. The a...

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