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Search Results for "testamentary suit"

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Supreme Court

Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alienations and Direction to Frame Scheme for Charitable Trust. High Court Held Will Dated 27.9.1968 Was Mutual and Joint, and Alienations by Surviving Spouse Void.

1 Aug 2026

These appeals arose from Original Suit No. 76 of 1981, filed by Hindu Community in General and Citizens of Gobichettipalayam as plaintiff, seeking adm...

Supreme Court

Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

15 May 2026

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

High Court

Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. The court held that no substantial question of law arose for consideration as the findings of fact by the lower appellate court were based on appreciation of evidence and not perverse.

5 Mar 2024

The present second appeal arises from a suit for declaration and injunction filed by the appellants (original plaintiffs) claiming ownership and exclu...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute — Compromise Decree Without Registration Invalid Under Section 17 of Registration Act, 1908. Unregistered Decree Cannot Confer Title; Will Not Proved Under Section 68 of Evidence Act, 1872.

19 Mar 2020

The case involves a property dispute over land originally owned by Bhajan Singh. Bhajan Singh had divorced his wife Gurmail Kaur in 1973, after which ...

High Court

Bombay High Court Dismisses Petition for Revocation of Probate in Testamentary Matter — No Caveat Filed, No Caveatable Interest Shown. Court holds that a person who has not filed a caveat and has no caveatable interest cannot seek revocation of probate under Section 263 of the Indian Succession Act, 1925.

14 Dec 2016

The case pertains to a petition for revocation of probate filed by Radhika Bhargava and others (petitioners) against Arjun Sahgal and others (responde...

High Court

Bombay High Court Allows Execution of Consent Decree for Sale of Property Through Court in Partition Suit. Court Directs Issuance of Warrant of Sale and Appointment of Commissioner to Distribute Proceeds Equally Between Co-Owners.

29 Oct 2013

The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enabl...

High Court

Bombay High Court Dismisses Caveat in Probate Case Due to Lack of Caveatable Interest. Attesting Witness's Son Cannot Challenge Will When Father Had Attested It Voluntarily.

16 Jul 2013

The case involves a probate petition filed by the executors of the last Will and testament of Khimjee Thakkar, a bachelor. The Will was attested by Ba...

High Court

Bombay High Court Dismisses Petition Seeking Stay of Suit Pending Probate Proceeding — No Automatic Stay of Civil Suit Under Section 10 CPC When Probate Proceeding Is Not a Previously Instituted Suit

19 Mar 2013

The petitioner, Chandrashekhar Kashinath Patange, filed a writ petition challenging the order dated 6/7/2012 passed by the City Civil Court, Greater B...

High Court

Bombay High Court Orders Possession to Trustees in Trust Property Dispute — Defendant's Claim of Adoption Fails. Trustees of a trust established under a Will are entitled to recover possession of a flat from a defendant who failed to prove adoption or any lawful right, as the Will prohibited alienation and the defendant was a trespasser.

22 Nov 2012

The suit was filed by the trustees of a trust created under a Will dated 28th June 1994, seeking a declaration that the defendant is a trespasser and ...

High Court

Bombay High Court Dismisses Testamentary Petition for Probate Due to Lack of Jurisdiction and Non-Prosecution. The court held that the petitioner failed to establish the deceased's domicile in Maharashtra and did not pursue the petition diligently, resulting in dismissal.

30 Nov -0001

The case involves a testamentary petition filed by Arnold Samson of Sweden, claiming to be the only son and sole heir of the deceased, seeking probate...

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