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Bombay High Court Allows Probate Petition for Will of Deceased Couple Despite Caveat by Daughter-in-Law. Court holds that caveator lacks locus standi to oppose probate as she is not a legal heir under Indian Succession Act, 1925.

The petitioner, Rhea Parthasarthy, filed a petition for probate of the Will of her deceased parents, Ravi Parthasarathy and Dr. (Mrs.) Vishpala Partha...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Preliminary Decree Granting 1/3rd Share to Plaintiffs. Court holds that plaintiffs established their claim over ancestral property and that the suit was not barred by limitation.

The appeal arises from a preliminary decree passed in O.S.No.32/2015 by the Senior Civil Judge, Sirsi, decreeing the suit for partition. The plaintiff...

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High Court of Karnataka Allows Appeal in Insurance Nomination Dispute — Nominee Cannot Override Succession Rights Under Hindu Succession Act. Section 39 of Insurance Act, 1938 does not confer absolute title on nominee; nominee holds policy benefits as trustee for legal heirs.

The case involves a dispute between the appellant, Smt. Neelavva @ Neelamma, and the respondents, Smt. Chandravva @ Chandrakala @ Hema and her minor s...

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Bombay High Court Grants Letters of Administration for Unattested Will of Sunni Muslim Testator — Section 63 of Indian Succession Act, 1925 Not Applicable to Muslims; Hanafi Law Does Not Require Attestation

The case concerns an uncontested petition for Letters of Administration with Will annexed filed in 1990, which remained pending for 31 years. The test...

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Bombay High Court Allows Writ Petition Challenging Tax Recovery Proceedings Against Trust. Section 179(1) of Income Tax Act, 1961 cannot be invoked against trustees of a trust for tax dues of a company.

The petitioners, trustees of the Ramniklal C. Laliwala Family Benefit Trust, filed a writ petition under Article 226 of the Constitution of India chal...

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Bombay High Court Dismisses Widow's Claim Over Shares in Favor of Nominee Under Section 109A Companies Act — Nomination Confers Beneficial Ownership on Nominee to the Exclusion of Legal Heirs

The plaintiff, Harsha Nitin Kokate, married Nitin Kokate on 3 December 2004. Her husband expired on 5 July 2007. Nitin Kokate held shares in a demat a...