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Search Results for "testamentary court"

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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 is Valid and Not Unconstitutional. The court held that the Explanation defining partition as only by registered deed or court decree is within legislative competence and does not violate fundamental rights.

19 Feb 2015

The petitioners, legal representatives of the original petitioner Puttalinganagouda @ Veeranagouda B Patil, filed a writ petition under Articles 226 a...

High Court

Bombay High Court Adjudicates Testamentary Suit Over Letters of Administration of Intestate Estate. Heirs' rights to apply for administration and valuation of deceased's partnership interest were contested, with caveator's objection not withdrawn despite release deed.

30 Mar 2015

The proceedings concerned a petition for Letters of Administration to the estate of Shankarrao H. Parelkar, who died intestate on 8 November 1979. He ...

High Court

Bombay High Court Dismisses Review Petition in Administration Suit Involving Will of Muslim Deceased Married Under Special Marriage Act. Court Holds That Marriage Registration Under Special Marriage Act Attracts Indian Succession Act, Removing Muslim Personal Law Restrictions on Testamentary Disposition.

3 Dec 2010

The plaintiffs filed a Review Petition No. 41 of 2010 seeking review of an order dated 14th October 2010 passed in Notice of Motion No. 2974 of 2008 i...

High Court

High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

19 Sep 2016

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

High Court

High Court of Judicature at Bombay Removes Executor in Testamentary Proceedings for Misconduct Including Entering into Illegal Consent Terms Contrary to Will. Executor’s renunciation held irrevocable under Section 230 of Indian Succession Act, 1925; order of 30th July 2009 reinstating executor after renunciation declared incorrect; Court exercises suo motu power to remove executor in charitable will without any application from legatee.

3 May 2018

The dispute concerned the administration of the estate of the testator Bipin Gupta under his Will, wherein the executors appointed were Vasant Narayan...

High Court

High Court of Karnataka Quashes Trial Court Order in Succession Case for Lack of Jurisdiction to Reopen Probate Proceedings. Letters of Administration cannot be revoked under Section 263 of the Indian Succession Act, 1925 without a properly instituted petition and notice to all parties.

2 Sep 2014

The petitioner, Smt. Gajalakshmi, sought Letters of Administration in respect of the last will and testament of her paternal uncle, Radhakrishna Reddy...

High Court

High Court of Karnataka Allows DNA Test in Partition Suit to Determine Paternity Under Order 26 Rule 10-A CPC. The court upheld the appellate court's order for DNA testing to establish the relationship between the parties in a partition suit.

3 Sep 2014

The petitioner, Sri Hanumappa, filed a writ petition challenging an order dated 13.1.2014 passed by the Senior Civil Judge at Hiriyur in R.A.No.11/201...

High Court

High Court of Karnataka Quashes BBMP Rejection of Katha Change Based on Will — Property Transfer by Will Requires Mutation Entry Without Succession Certificate. The court held that a Will is a valid testamentary document and the BBMP cannot insist on a succession certificate or probate for change of katha when the Will is not disputed.

2 Jul 2024

The petitioner, Rupa B.P., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 26.05.2018 i...

High Court

KAHC010525052012_1

23 Aug 2021

The litigation originated from a suit for partition and declaration filed by the plaintiff, D. Sujatha, against the legal representatives of the origi...

High Court

Bombay High Court Allows Appeals in Insolvency Case, Holds Insolvency Court Has Jurisdiction Over Stranger Claims Under Presidency Towns Insolvency Act. The court set aside the Single Judge's order that the insolvency court lacked jurisdiction to entertain proceedings against a stranger claiming tenancy rights, and remanded the matter for fresh consideration.

20 Jun 2013

The case involves two appeals arising from a decision of a Learned Single Judge of the Bombay High Court in insolvency proceedings under the Presidenc...

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