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Search Results for "testamentary"

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High Court

Bombay High Court Dismisses Pre-emption Claim Under Section 22 of Hindu Succession Act, 1956 — Testamentary Succession Bars Intestate Right. Property Devolution by Will Excludes Statutory Right of Pre-emption as Section 22 Applies Only to Intestate Property.

25 Oct 2024

The case involves a dispute over a suit property (Plot No.21, Laxmi Nagar, Nagpur) originally purchased by late Kashinath Subhedar in the name of his ...

High Court

Bombay High Court Dismisses Originating Summons for Partition of HUF Property — Plaintiffs Fail to Establish Exclusive Ownership of Mazgaon Property. Court holds that property sold in 2007 was HUF property and proceeds were distributed among all coparceners, including daughters, under Hindu Succession Act, 1956.

27 Feb 2017

The case concerns an Originating Summons filed by Kishore Morarji Bhojraj and Ramesh Morarji Shah (Plaintiffs) against Jaya Hiranchand Karani, Anju Kr...

High Court

Bombay High Court Allows Appeal in Probate Caveat Case — Real Brother Has Caveatable Interest as Creditor and Under Family Settlement. Section 284 of Indian Succession Act, 1925 interpreted to include persons with slight interest in estate.

26 Jul 2016

The case involves an appeal against an order of a learned single Judge of the Bombay High Court dismissing a caveat filed by the appellant, Purushotta...

High Court

Bombay High Court Grants Probate of Will in Testamentary Suit Despite Caveat by Daughter Alleging Forgery and Undue Influence. The court held that the propounder proved due execution and attestation under Section 63 of the Indian Succession Act, 1925, and the caveator failed to establish any suspicious circumstances.

29 Oct 2013

The plaintiff, Nelson D'Souza, filed a petition for probate of the last Will and Testament of his father, Domnic D'Souza, who died leaving behind a wi...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Probate Schedule by Prothonotary. Prothonotary has power to allow amendment of schedule of assets in probate proceedings under Section 317 of Indian Succession Act, 1925.

11 Oct 2013

The petitioners, Mukesh Ramanlal Gokal and Bharat Ramanlal Gokal, filed a petition under the Testamentary and Intestate Jurisdiction of the Bombay Hig...

High Court

Bombay High Court Dismisses Notice of Motion to Set Aside Dismissal of Testamentary Suit — Remedy Lies in Appeal, Not Under Order 9 Rule 9 CPC. Suit Dismissed on Merits After Evidence Recorded, Not in Default.

19 Dec 2011

The plaintiff, Arvind Nathubhai Dattani, filed a testamentary suit seeking probate of an alleged will. The plaintiff's evidence was recorded on 16 Apr...

High Court

Bombay High Court Dismisses Appeal Against Grant of Letters of Administration — Will Proved by Attesting Witness Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872. The Court Held That the Propounder Removed All Suspicious Circumstances and the Will Was Genuine.

7 Dec 2006

The appeal arose from a judgment of a single judge granting Letters of Administration to the respondent, Rakesh Phoolchand Jain, in respect of the las...

High Court

Bombay High Court Dismisses Probate Petition in Will Dispute Due to Suspicious Circumstances and Failure to Prove Valid Execution. Will dated 17.12.1985 alleged to be executed by Joseph George Gomes was contested by caveators on grounds of undue influence and lack of testamentary capacity; court found that the propounder failed to dispel suspicious circumstances surrounding the will.

9 Nov 2006

The case concerns a testamentary petition filed by Nancy Joe Vaz (plaintiff) seeking letters of administration with the will annexed of her brother Jo...

High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Dispute Over Agricultural Land and Family Arrangement. Court holds that a Civil Revision Application under Section 115 CPC is maintainable against an order refusing to amend written statement, and that amendment seeking to incorporate a family arrangement and counterclaim should be allowed to avoid multiplicity of proceedings.

30 Nov -0001

The petitioners, original defendants in a suit for declaration and permanent injunction, filed a Civil Revision Application under Section 115 of the C...

High Court

Bombay High Court Dismisses Appeal in Property Dispute — Will and Gift Deed Held Invalid. Court Held That the Will Was Not Proved Under Section 63 of the Indian Succession Act, 1925 and the Gift Deed Was Invalid for Lack of Acceptance and Registration Under Section 122 of the Transfer of Property Act, 1882.

30 Nov -0001

The case involves a dispute over a property located at Shanker Bhavan, French Bridge, Mumbai. The appellants, Shantaram Ganpat Gujar and Mrs. Kirti Sh...

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