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Gujarat High Court Dismisses Revision Against Succession Certificate Granted to Widow and Children in Summary Proceeding Under Indian Succession Act. Concurrent findings of fact on validity of marriage cannot be interfered with under Section 115 CPC in absence of jurisdictional error or perversity.

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 read with Section 384(1)(3) of the Indian Succession Act...

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Bombay High Court Dismisses Appeal in Probate Case, Holding Injunction Not Maintainable in Testamentary Proceedings. Executor Must Seek Property Protection Before Civil Court, Not in Probate Petition Under Indian Succession Act, 1925.

The appellant, Ramchandra Ganpatrao Hande, filed a testamentary petition seeking probate of a will allegedly executed by Sushila Vithalrao Hande on 2 ...

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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

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...

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Supreme Court Allows Appeal in Will Dispute Case — High Court's Reversal of Trial Court's Preliminary Decree Set Aside. Registered Will Fails to Meet Attestation Requirements Under Section 63(c) of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872.

The case concerns a dispute over a tenement originally allotted to Suhagwanti Devi, the wife of late Harbans Lal, under a redevelopment scheme. After ...

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Bombay High Court Allows Second Appeal in Partition Suit — Adoption and Hindu Succession Rights Upheld. Plaintiff's 1/2 share in suit properties declared, sale deeds by adopted son held not binding on adoptive mother.

The original plaintiff, Housabai, filed a suit for partition and separate possession of suit lands, claiming a 1/2 share as the widow of her husband w...

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Madras High Court Modifies Preliminary Decree in Partition Suit, Applies Vineetha Sharma Principles Under Hindu Succession Act. Daughter Entitled to 1/9 Share as Coparcener Under Central Act 39 of 2005, Irrespective of Father's Death Before 2005 and Regardless of Date of Marriage.

The judgment arises from a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the preliminary decree dated 25.02.2016 pas...

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High Court of Karnataka Allows Partition Appeal in Hindu Succession Act Case — Daughter Entitled to Share in Joint Family Property. Daughter's claim for partition and separate possession of 1/2 share in suit properties decreed, setting aside trial court's dismissal.

The Regular First Appeal was filed by the plaintiff, Smt. Mallawwa Laxman Yadahalli (since deceased, represented by her LR Smt. Parvati Gorawade), cha...

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Bombay High Court Denies Widow's Claim for Court Fee Exemption in Succession Certificate Petition. Court Fee Exemption for Women Limited to Maintenance and Matrimonial Disputes, Not Applicable to Property Succession Under Indian Succession Act, 1925.

The petitioner, Snehala Pramod Desai, the widow of the deceased, filed a testamentary petition under the Indian Succession Act, 1925, seeking a succes...