Search Results for "probate validity"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "probate validity"

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High Court

Bombay High Court Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings of Ownership in Favor of Daughter. Claim of adverse possession by brother against sister fails as co-owner must prove ouster or denial of title.

19 Jan 2024

The dispute pertains to agricultural lands and a house situated at Village Dhokawade, Taluka Alibaug, District Raigad, originally owned by Narayan Hir...

Supreme Court

Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

4 May 2023

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

Supreme Court

Supreme Court Dismisses Appeal in Letters of Administration Case Under Indian Succession Act, 1925. The court upheld concurrent findings that the will was genuine and properly proved, rejecting arguments based on delay and inapplicability of presumption under Section 90 of the Evidence Act, 1872.

14 Mar 2023

The appeal arose from a judgment of the Calcutta High Court affirming a trial court decree granting letters of administration under Section 278 of the...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Gift Deed Void for Lack of Acceptance and Possession. The court held that a gift deed executed by a husband in favor of his second wife without acceptance and delivery of possession is void under Section 122 of the Transfer of Property Act, 1882, and the property remains joint family property subject to partition.

10 Jun 2022

The case involves a partition suit filed by Rakhamabai (first wife) and Ushabai (daughter) against Subhadrabai (second wife) and others. The deceased ...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Lower TDS Certificate Under Section 195(2) of Income Tax Act, 1961. Court holds that Assessing Officer must consider application on merits and cannot reject it solely because non-resident seller had not filed tax returns.

3 Feb 2022

The petitioner, Rohan Developers Pvt. Ltd., a company engaged in property development, sought to purchase a 1/8th undivided share in a property from M...

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 Dismisses Writ Petition Challenging Rejection of Application for Dismissal of Proceedings Under Bombay Regulation VIII of 1827. Successive Applications for Legal Heirship Certificate Not Barred by Res Judicata as Proceedings Are Summary in Nature.

13 Feb 2019

The petitioners, Parvatabai and Suresh More, filed a writ petition challenging an order dated 18/06/2018 passed by the 11th Joint Civil Judge Senior D...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application for Dismissal of Proceedings Under Bombay Regulation VIII of 1827. Successive Applications for Legal Heirship Certificate Are Maintainable as Proceedings Under the Regulation Are Summary in Nature and Not Barred by Res Judicata.

13 Feb 2019

The petitioners, Parvatabai and Suresh More, filed a writ petition challenging an order dated 18/06/2018 passed by the 11th Joint Civil Judge Senior D...

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 Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Investigation — Section 156(3) CrPC Order Set Aside as Magistrate Failed to Apply Judicial Mind. The Court held that the Magistrate must apply judicial mind before ordering investigation under Section 156(3) CrPC and cannot act as a post office.

3 May 2006

The petitioner, Jitendra Chandrakant Mehta, filed a Criminal Writ Petition before the Bombay High Court seeking quashing of proceedings arising out of...

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