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Search Results for "Will"

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High Court

Madras High Court Allows Revision Petition in Will Execution Case — Executing Court Cannot Reject Application at Numbering Stage Without Affording Opportunity to Examine Witnesses. The court held that the executing court should have permitted the petitioner to examine his sister, a disinherited legal heir, to prove the registered Will under Section 68 of the Indian Evidence Act read with Section 63 of the Indian Succession Act.

30 Jan 2026

The revision petitioner, Yogesh Parmar, challenged the order of the III Additional District and Sessions Judge, Dharapuram, dated 26.11.2025, which re...

High Court

Madras High Court Allows Appeal in Partition Suit, Sets Aside Trial Court Decree Dismissing Suit as Not Maintainable. Father Cannot Execute Will Over Ancestral Property to Defeat Son's Right by Birth Under Hindu Succession Act, 1956.

6 Jan 2026

The appellant/plaintiff, Karthikeyan, filed a suit for partition seeking a ½ share in the suit properties, claiming they were ancestral coparcenary p...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Plaintiff Fails to Prove Daughter Status and Will Invalidity. The court upheld the concurrent findings that the appellant did not establish her filiation to the deceased tenant Bala and that the respondents proved their title under a valid will.

7 Dec 2018

The appellant, Mainabai, filed a suit for declaration that she was the daughter of Bala, that a certificate under Section 38(E) of the Hyderabad Tenan...

High Court

Bombay High Court Dismisses Appeal Against Probate of Will, Upholds Trial Court's Finding of Due Execution and Attestation. Will dated 4 July 1993 held validly executed under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872.

22 Oct 2018

The appeal arose from a judgment and order dated 9 June 2016 of the Bombay High Court disposing of Testamentary Suit No. 28 of 1995, which sought prob...

High Court

Bombay High Court Allows Appeal in Testamentary Succession Case — Thumb Impression on Will Valid Despite Testator's Medical Condition. Court Grants Probate to Adopted Daughter as Will Duly Executed Under Section 63 of Indian Succession Act, 1925.

30 Aug 2018

The case involves an appeal against the dismissal of a probate petition by the learned Single Judge. The appellant, Sonali Arvind Nadkarni, is the ado...

High Court

Bombay High Court Dismisses Second Appeal by Purchaser in Will Dispute. Sale Deed Executed by Widow with Life Interest Declared Void Ab Initio as She Had No Right to Alienate Property Beyond Her Lifetime.

22 Aug 2017

The dispute arose from a Will executed by Hari on 22/09/1986, bequeathing 81 R land from Khasra no.95 along with a farmhouse to his son Bhojraj, and 8...

High Court

Bombay High Court Allows Second Appeal in Injunction Suit, Holds Non-Joinder of Heirs Not Fatal. Suit for Permanent Injunction Based on Possession Under Will Does Not Require Joinder of All Heirs or Proof of Will.

22 Mar 2017

The appellant, original plaintiff, filed Regular Civil Suit No. 172 of 1994 seeking a permanent injunction restraining the defendants from disturbing ...

High Court

Bombay High Court Dismisses Second Appeal in Landlord-Tenant Dispute — Tenant Ordered to Vacate After Expiry of 30-Year Lease. The court upheld the decree for possession based on valid wills and the terms of the registered Kabulayat, rejecting the tenant's challenge to the landlord's title.

23 Feb 2017

The case involves a second appeal before the Bombay High Court arising from a suit for possession of a house and appurtenant land. The suit property w...

High Court

Bombay High Court Dismisses Appeal in Partition Suit — Upholds Trial Court's Finding of No Joint Family Property. Court holds that plaintiffs failed to prove that suit properties were ancestral or joint family properties, and that the Will executed by the father was valid and binding.

30 Nov -0001

The appellants (original plaintiffs) filed a suit for partition and separate possession of properties allegedly belonging to the joint Hindu family of...

High Court

Bombay High Court Allows Appeal in Succession Act Case — Will Execution Proved as Per Section 63 of Indian Succession Act, 1925. Propounder established due execution and attestation of will by testator in sound disposing state of mind.

30 Nov -0001

The case involves a dispute over the will of one Caetano Francisco Moraes (the testator) who died on 5.10.1987. The appellants, legal heirs of Frank M...

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