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Bombay High Court Grants Interim Injunction in Share Dispute Alleging Fraudulent Transfer. Plaintiff's claim for half share in father's estate upheld pending trial due to prima facie evidence of fraudulent share transfer under Companies Act.

The plaintiff, Prabodh Jamnadas Kothari, filed a suit seeking declaration of the estate of his deceased father and his 1/2 share therein, particularly...

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Bombay High Court Dismisses Probate Petition for Will Allegedly Procured by Undue Influence and Coercion. Will dated 28.04.1977 of Shakuntala Bhansali held not validly executed due to suspicious circumstances and lack of free volition.

The plaintiff, Panna Atmaram Bhansali, one of the daughters of the deceased Shakuntala Mansen Damodardas Bhansali, filed a testamentary petition seeki...

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Bombay High Court Dismisses Suit Challenging Will of Deceased as Probate Granted by Dubai Court is Conclusive Under Section 41 of Indian Evidence Act. Mother's challenge to will fails as foreign probate is binding on Indian courts regarding validity and execution of will.

The plaintiff, Dr. Devika Damji Shah, mother of the deceased Dr. Mukesh Ramji Shah, filed a suit seeking a declaration that the will of the deceased d...

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Bombay High Court Dismisses Appeal in Trust Property Dispute — Will and Gift Deed Upheld. Court holds that a will executed by a Hindu widow in 1943 was valid and that a subsequent gift deed by a co-owner was binding on the property.

The case involves a dispute over a house property originally owned by Adkuji Palandurkar. After his death, his widow Manabai and other heirs inherited...

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Bombay High Court Upholds Will Validity in Succession Dispute — Reduces Bequest to Disposable Quota Under Portuguese Civil Code. Court holds that a testator cannot bequeath entire property to one heir if it prejudices the legitimate share of other heirs under the Portuguese Civil Code, 1867.

The case involves a dispute over the estate of late Calverto Saldanha. The appellants, Mr. Rosario Xavier Arquibaldo Fernandes and Mrs. Anacleta Ferna...

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Bombay High Court Dismisses Writ Petition in Tenancy Dispute — Petitioner Fails to Prove Will and Default in Rent Payment. The court held that the petitioner, claiming as a legatee under a will, must prove the will and the tenant's default; mere mutation entry does not confer ownership.

The petitioner, Subhash s/o Pandurang Bagal, filed a writ petition challenging the order of the Maharashtra Revenue Tribunal, Aurangabad, dated 14th O...

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Bombay High Court Upholds Will in Testamentary Suit, Finds No Forgery or Undue Influence. Sister Propounds Will of Deceased Brother; Wife's Challenge Fails as Execution and Attestation Proved Under Indian Succession Act, 1925.

The judgment concerns two testamentary suits arising from the death of Mahendra Premchand Shah. The petitioner in Testamentary Suit No.127 of 2010, Ma...

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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.

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...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Gift Deed and Will Upheld as Valid. Court holds that a coparcener cannot challenge a gift deed executed by father after partition when the property was not ancestral and the father had absolute rights.

The appellant, original plaintiff Mahadeo Yeshwant Kadam (since deceased, represented by his heir Jaiprakash Mahadeo Kadam), filed a suit for declarat...