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Bombay High Court Allows Appeal in Testamentary Suit — Execution of Will Proved in Accordance with Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872. Propounder discharged burden of proving due execution and attestation of Will despite suspicious circumstances.

The appeal arose from a judgment and decree dated 30th June, 2016 passed by the learned Single Judge of the Bombay High Court in Testamentary Suit No....

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High Court of Karnataka Dismisses Appeal in Succession Act Case — Will Not Duly Executed as Per Section 63 of Indian Succession Act, 1925. Propounder Failed to Prove Execution and Attestation Requirements, Leading to Dismissal of Probate Petition.

The case involves an appeal filed by Mrs. Eulalia Sequeira Nee Menezes against the dismissal of her petition for probate of a Will dated 06.08.1993 al...

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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.

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...

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Bombay High Court Dismisses Impleadment Application by Stepchild in Partition Suit — Stepchild Not a Legal Heir Under Hindu Succession Act. The court held that a stepchild has no legal interest in the joint family property of a deceased coparcener and cannot be impleaded in a partition suit.

The Bombay High Court dismissed a chamber summons filed by a third-party applicant seeking impleadment in a partition suit. The suit involved partitio...

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Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Retrospective Application of Amendment Deleting Section 23 of Hindu Succession Act. Female Heirs Entitled to Partition of Dwelling House as Amendment Removes Disability and Applies to Pending Appeals.

The case involves a partition suit filed by Respondent No.1 (original plaintiff) against her brothers, including the Appellant (original defendant No....

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower appellate court's decree confirming plaintiff's title and possession based on sale deed and adverse possession.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, arising from a property dispute. The original plaintiff (sin...