Search Results for "testamentary court"

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Search Results for "testamentary court"

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High Court

Bombay High Court Dismisses Son's Petition for Revocation of Probate Due to Unexplained Delay and Consent. Consent Affidavit Given by Son at Time of Grant Precludes Challenge After Seven Years Under Section 263 of Indian Succession Act, 1925.

17 Sep 2013

The petitioner, Raana Haripada Roy, son of the deceased Haripada Roy, filed a Miscellaneous Revocation Petition under the Testamentary and Intestate J...

High Court

High Court of Judicature at Bombay Examines Repugnancy Between Section 28A of Bombay Civil Courts Act, 1869 and Section 299 of Indian Succession Act, 1925. Petitioner Contends That District Court Lacked Jurisdiction to Hear Appeal from Probate Revocation.

14 Feb 2014

The writ petition was filed by Smt. Nola Jonathan Ranbhise before the High Court of Judicature at Bombay, challenging the constitutional validity of S...

High Court

Madras High Court Hears Appeal Against Partition Decree in Joint Family Property Suit. Appeal Filed Under Section 96 of CPC Seeks to Set Aside Decree Granting 1/4th Share to Plaintiff in Intestate Succession Case.

6 Jul 2026

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High Court

Bombay High Court Grants Interim Reliefs to Protect Estate of Deceased Testatrix in Administration Suit Pending Probate — Court Receiver Appointed for Inventory and Injunction Against Alienation of Flat. The court held that a suit for administration is maintainable even before grant of probate and that interim protection is necessary to prevent dissipation of assets under the Indian Succession Act, 1925.

23 Sep 2024

The suit was filed by Nina Anwar Merchant, the plaintiff, seeking administration of the estate of late Gulshan Rehman Meghani (testatrix) in accordanc...

High Court

Bombay High Court Considers Administrator’s Report for Recovery of Diverted Estate Assets in Testamentary Suit. Court Appointed Administrator Seeks Directions Against Defendant for Unauthorized Diversion of Deceased’s Funds to Various Entities.

21 Dec 2018

The matter concerned the administration of the estate of Purvez Burjor Dalal, who died in Mumbai on 7 December 2011. A testamentary suit was institute...

High Court

Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Act Case — Petitioner Failed to Prove Fraud or Concealment of Material Facts. The court held that the petitioner, as sister of the deceased, had no locus standi to challenge the grant of Letters of Administration to the widow and daughters, and that the alleged agreement for sale was not a valid will or testamentary document.

26 Aug 2013

The petitioner, Mrs. Archana Arun Palav, sister of the deceased Kirankumar Gorjibhai Bhatia, filed a petition seeking revocation of the grant of Lette...

High Court

High Court of Karnataka Upholds Constitutional Validity of Explanation to Section 6(5) of Hindu Succession (Amendment) Act, 2005 — Partition by Execution of Registered Deed or Court Decree Held Valid. The Explanation defining 'partition' as only by registered deed or court decree is not arbitrary or violative of Articles 14, 15, or 21 of the Constitution.

19 Feb 2015

The petitioners, legal representatives of the deceased original petitioner, filed a writ petition under Articles 226 and 227 of the Constitution of In...

High Court

Bombay High Court Allows Second Appeal in Will Dispute — Sets Aside Appellate Court's Judgment for Ignoring Will's Condition Precedent. Will Executed by Husband in Favour of Distant Nephew Held Invalid as It Was Enforced During Testator's Lifetime Despite Stipulation That It Would Take Effect Only After Death of Both Husband and Wife.

25 Jan 2011

The appellant, Shewantabai, was the wife of Vishwanath Bhagat, who died on 10.12.2001. She filed Regular Civil Suit No.258/2002 seeking declaration, m...

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 Upholds Validity of Section 28A(1) of Maharashtra Civil Courts Act, 1869 in Probate Reference. Section 28A(1) is not inconsistent with Indian Succession Act, 1925, and Civil Judges can be invested with probate jurisdiction.

5 Jun 2017

This judgment arises from a reference under Section 113 of the Code of Civil Procedure, 1908, made by the learned Joint Civil Judge, Senior Division, ...

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