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Search Results for "Will"

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Supreme Court

Supreme Court Dismisses Appeal in Hindu Succession Act Property Dispute — Life Interest Not Enlarged to Absolute Ownership Under Section 14(1). Property Given as Life Interest Without Pre-existing Right Falls Under Section 14(2) of Hindu Succession Act, 1956.

22 Nov 2024

The dispute arose between two branches of the same family over succession to agricultural land. The appellant-defendant (since deceased, represented b...

High Court

Bombay High Court Dismisses Appeal Against Grant of Probate — Secondary Evidence of Will Held Admissible Despite Non-Production of Original. Attestation Proved Through Scribe's Son and Attesting Witness's Daughter; Delay and Exclusion of Heirs Not Suspicious.

1 Oct 2024

The present appeal was filed under Section 96 read with Order 41 of the Code of Civil Procedure, 1908 by the original Opponents against the judgment d...

High Court

Bombay High Court Dismisses Appeal Against Substitution of Plaintiffs in Property Suit Based on Will. Substitution of Legal Representatives Under Order 22 Rule 3 CPC Does Not Change Nature of Suit Even If Claim Is Through a Will and Involves Transposition of a Defendant.

26 Aug 2024

The appeal arose from a property dispute among family members of Late Haji Israr Alam Siddiqui. The appellant, Mujibur Rehman, is one of the sons of t...

High Court

High Court of Karnataka Allows Daughter's Partition Appeal Against Brother and Mother, Holding Father's Properties as Self-Acquired and Not Ancestral. Daughter Entitled to Equal Share Under Section 8 of Hindu Succession Act, 1956 as Will Not Proved.

20 Dec 2019

The appellant, M. Shobha, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree date...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Will dated 27-05-1985 held not binding on plaintiff as it was not proved to be the last will of the testator.

9 Dec 2019

The present appeal arises from a judgment and decree dated 06-12-2013 passed by the XXVIII Additional City Civil Judge at Mayo Hall Unit, Bangalore, i...

High Court

Karnataka High Court Partially Allows Appeal in Partition Suit Involving Joint Family Property — Daughters Granted Equal Share as Sons Under Hindu Succession Act, 1956. The court held that daughters are entitled to equal share in coparcenary property and that the Will executed by the father was not validly proved.

10 Oct 2019

The case involves a partition suit filed by the respondents (sons) against the appellants (daughters and others) seeking partition and separate posses...

High Court

High Court of Karnataka Allows Appeal in Property Declaration and Possession Suit — Will Construction and Execution Proved. Court holds that execution of will must be proved by examining at least one attesting witness under Section 68 of Indian Evidence Act, 1872, and that a will is not required to be registered under Section 18 of the Registration Act, 1908.

25 Oct 2018

The appeal arises from a judgment and decree dated 17.01.2004 in O.S.No.16271/2001 on the file of the XXVIII Additional City Civil and Sessions Judge,...

High Court

High Court of Karnataka Dismisses Appeal Against Probate of Will in Succession Act Case — Upholds Will Execution Due to Lack of Suspicious Circumstances. The court held that the propounder of a Will need not prove the testamentary capacity of the testator beyond reasonable doubt, but only on a preponderance of probabilities, and that the Will was duly executed and attested.

24 Jan 2018

The case pertains to an appeal filed by Laxman Hanchinamani against the order of the Principal District Judge, Belagavi, granting probate of a Will da...

High Court

High Court of Karnataka Dismisses Appeal Against Probate of Will — Will Proved to be Genuine and Executed in Sound Disposition of Mind. The court upheld the grant of probate under Section 276 of the Indian Succession Act, 1925, finding that the propounder had discharged the burden of proving the will's due execution and attestation.

20 Nov 2017

The Regular First Appeal was filed by the legal representatives of the deceased defendant in O.S. No. 4/2013 on the file of the Principal District and...

High Court

High Court of Karnataka Allows Appeal Against Dismissal of Probate Petition - Section 213 of Indian Succession Act Does Not Prohibit Grant of Probate to Wills Not Covered by Section 57(a) and (b). The court held that a petition under Section 276 for probate is maintainable even if the Will is not covered by Clauses (a) and (b) of Section 57 of the Indian Succession Act, 1925.

18 Sep 2017

The appellants, V. Govinda Raju and Smt. Indra, filed a Miscellaneous First Appeal under Section 299 of the Indian Succession Act, 1925, against an or...

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