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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.

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

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Bombay High Court Grants Probate of Will in Favor of Executor Despite Challenge by Caveator Claiming Earlier Will. Court Upholds Validity of Later Will Executed in Hospital, Finds No Suspicious Circumstances.

The case concerns a probate petition filed by Prakash Sunderdas Aswani, the sole executor named in the last Will of Pushpa Thakurdas Aswani dated 18th...

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Bombay High Court Decides Appeal Against Interim Injunction in Tenancy Possession Dispute; Considers Whether Temporary Restraint Order Was Justified

The case arose from a tenancy and possession dispute over Flat No.5, Second Floor, Goolestan, Cuffe Parade, Mumbai. The plaintiff, a senior citizen an...

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Bombay High Court Dismisses Appeal Seeking Discharge from Undertaking in Consent Terms — Undertaking Given in Consent Terms Cannot Be Modified Unilaterally Without Proof of Fraud or Mistake.

The appeal arises from a judgment and order of the learned Single Judge dated 27 June 2011, dismissing a Notice of Motion taken out by the Appellants ...

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Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Dispute. Petitioner fails to prove will or entitlement to flat as Letters of Administration validly granted to son of deceased.

The petitioner, Prakash P. Bambardekar, filed a petition under Section 263 of the Indian Succession Act, 1925 seeking revocation of Letters of Adminis...

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Bombay High Court Upholds Will and Grants Probate Despite Challenge of Undue Influence and Physical Disability; Exclusion of Earlier Beneficiaries and Change of Solicitors Found Not to Vitiate Testamentary Capacity Under Indian Succession Act, 1925.

The proceedings originated from a probate petition filed by the three executors of the last Will and Testament of Adreshir Khurshedji Wadia, dated 8th...