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Search Results for "testamentary suit"

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High Court

High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Partial Decree for Declaration, Injunction, and Partition. Appellants failed to prove title and possession over suit property, and trial court's findings were based on proper appreciation of evidence under Section 96 CPC.

18 Dec 2025

The case involves two Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 26.02.2...

High Court

Bombay High Court Dismisses Appeal in Property Suit, Upholds Decree for Deficit Court Fee Recovery. Appellants' suit for declaration of title and injunction dismissed for failure to pay proper court fee on market value of property.

18 Sep 2025

The appellants, original plaintiffs, filed a suit for declaration of title and permanent injunction in respect of an immovable property. The trial cou...

High Court

Bombay High Court Dismisses Interim Application for Stay in Testamentary Suit for Revocation of Probate — No Prima Facie Case Established. Mere filing of caveat does not entitle a party to stay of probate proceedings under Indian Succession Act, 1925.

4 Sep 2025

The judgment pertains to an interim application filed by the original defendants in a testamentary suit seeking revocation of probate. The applicants,...

High Court

Bombay High Court Dismisses Partition Suit by Second Wife Against Stepchildren — Agreement of 1989 Bars Claim to Deceased Husband's Properties. Court Holds That Plaintiff Voluntarily Relinquished Rights to Movable and Immovable Properties of Sureshchandra Jhaveri by Agreement Dated 03.05.1989, Which Was Not Vitiated by Coercion or Misrepresentation, and That Properties in Exhibit-A Were Not Self-Acquired Properties of Deceased.

10 Jun 2024

The Plaintiff, the second wife of Sureshchandra Jhaveri, filed a suit seeking a declaration of her one-fourth share in the suit properties described i...

High Court

High Court of Karnataka Partly Allows Partition Appeal in Family Property Dispute — Upholds Trial Court's Decree for Partition of Joint Family Properties Except for Certain Items. The court held that the presumption of jointness in a Hindu family continues until rebutted, and the appellants failed to prove that the properties were self-acquired.

21 Jul 2015

The case involves a partition suit filed by the respondents (daughters and mother) against the appellants (sons) seeking partition of joint family pro...

High Court

High Court of Karnataka Partly Allows Partition Appeal in Family Property Dispute — Modifies Trial Court's Decree on Self-Acquired Properties. The court upheld the trial court's finding on joint family property but excluded certain items from partition due to lack of evidence of jointness.

21 Jul 2015

The case involves a partition suit filed by the respondents (daughters and widow) against the appellants (sons) for partition of suit schedule propert...

High Court

Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Dispute — Petitioner Not a Necessary Party as Property Not Part of Deceased's Estate. The court held that under Section 263 of the Indian Succession Act, 1925, revocation requires concealment of material facts or fraud, but since the property claimed was not owned by the deceased, the petitioner was not a necessary party.

24 Mar 2014

The case involves a petition filed under Section 263 of the Indian Succession Act, 1925, seeking revocation of letters of administration granted to th...

High Court

Bombay High Court Allows Beneficiaries to Examine Attesting Witness in Will Probate Case Despite Earlier Statement Not to Lead Evidence. Court Holds That Right to Cross-Examine Own Witness Under Section 154 of Indian Evidence Act, 1872 Arises Only After Examination-in-Chief, and That Court Has Inherent Power to Permit Examination of Material Witness to Prevent Failure of Justice.

18 Oct 2013

The case arises from a testamentary suit for probate of a Will dated 9th August 1995. The plaintiffs, appointed as executors, filed a petition for pro...

High Court

Bombay High Court Grants Probate of Will in Testamentary Suit, Upholding Execution and Attestation. The court held that the propounder of the Will discharged the burden of proving due execution and attestation under Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872, and that the caveators failed to prove suspicious circumstances.

7 May 2010

The plaintiffs, two brothers and sons of the testatrix, sought probate of the Will dated 20th March 1991 executed by their mother. The defendants, the...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title Over Disputed Property.

30 Nov -0001

The appellant, Leelavati Baburao Chaudhari, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and dec...

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