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High Court of Karnataka Hears Regular Second Appeal Regarding Validity of Will and Alternative Succession Claim; First Appellate Court Omitted Consideration of Alternative Prayer of Inheritance as Brother, Raising Substantial Question of Law Under Section 100 CPC

The dispute centered on agricultural land originally owned by Kalakavva, who died in 1989. The plaintiff claimed as legatee under a registered Will da...

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Bombay High Court Dismisses Application for Condonation of Delay in Filing Caveat in Probate Proceedings — Delay of 140 Days Not Sufficiently Explained. Court Held That Awareness of Proceedings and Legal Advice Negated Claim of Ignorance, and Delay Was Not Condoned Under Section 5 of Limitation Act, 1963.

The judgment concerns a Chamber Summons filed by the applicants (caveators) seeking condonation of a 140-day delay in filing a caveat and affidavit in...

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Bombay High Court Dismisses Petition for Revocation of Probate Due to Inordinate Delay and Lack of Grounds. Petitioners failed to establish any ground for revocation under Section 263 of the Indian Succession Act, 1925, as they were aware of the probate for over 30 years.

The petitioners, who are heirs of the deceased Andrew Satiro D'Cunha, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking r...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholding Trial Court's Dismissal Due to Prior Partition and Wills. Properties Already Dealt With Under Prior Partition Deed (Ex.D-3) and Testamentary Succession (Ex.D-4, D-7) Leaving No Joint Family Property for Partition.

The litigation arose out of a suit for partition filed by the appellant, Smt. Jaywanthi K. Kapadia, who is one of the legal heirs of late A. Venilal. ...

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Karnataka High Court Hears Appeal Against Trial Court Decree Declaring Oral and Registered Gift Deeds Void in Partition Suit. Trial Court Had Found That Widow Did Not Acquire Absolute Title Under Section 14(1) of Hindu Succession Act, 1956, and Gift by Her Was Not Binding on Other Legal Heirs.

This Regular First Appeal arises from a partition suit filed by the legal heirs of late Anandarao Jadhav against the legal representatives of his brot...

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Bombay High Court Dismisses Second Appeal in Property Title Suit — Concurrent Findings of Fact Not Disturbed. Will Execution Not Proved as Attesting Witnesses Not Examined Under Section 68 of Evidence Act, 1872.

The case involves a second appeal filed by the original plaintiffs against the judgment and decree of the lower appellate court in Regular Civil Appea...

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Bombay High Court Dismisses Petition for Revocation of Probate as Time-Barred. Petition filed 12 years after knowledge of probate held to be barred by limitation under Article 137 of Limitation Act, 1963.

The petitioners, daughter and widow of the deceased Vithal Shyamdas Jhaveri, filed a Miscellaneous Petition in 2012 seeking revocation of the probate ...