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Bombay High Court Grants Probate of Will Dated 12 December 1996 in Testamentary Suit — Will Proved to be Genuine and Duly Executed. Court holds that attesting witnesses' testimony and dismissal of caveats establish the will as the last testament of the deceased.

The present Testamentary Suit was filed by the Plaintiffs, who are executors named in the Will dated 12th December 1996 of Yashwantilika Narottamdas D...

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Supreme Court Dismisses Appeal Against Impleadment of Legal Heir as Defendant in Property Suit. Necessary Party Must Be Heard Before Decision on Title Under Order I Rule 10(2) CPC.

The original plaintiff, Pappammal, filed a civil suit for declaration and recovery of possession against Respondent No.2. During the suit, Pappammal d...

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Bombay High Court Dismisses Writ Petition Challenging Executing Court's Refusal to Reopen Partition Decree Based on Will. Executing Court Cannot Go Behind a Final Decree to Redetermine Shares on Basis of Alleged Will Produced After Decree Became Absolute.

The Bombay High Court dismissed a Writ Petition challenging the order of the Executing Court rejecting an application for framing of issues and modifi...

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Supreme Court Upholds Will Genuineness in Property Dispute — Registered Will Not Vitiated by Suspicious Circumstances Despite Non-Mention of Heirs. Testator's Conscious Decision to Bequeath Part Property to Niece Upheld as Valid Exercise of Testamentary Power Under Indian Succession Act, 1925.

The case pertains to a dispute over the genuineness of a registered Will dated 09.10.1984 executed by Palaniandi Udyar in favour of Navamani Amma, who...

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Bombay High Court Dismisses Second Appeal Under Section 100 CPC, Upholding Concurrent Findings on Will and Possession. No Substantial Question of Law Arises as Findings of Fact Are Not Perverse.

The appellant, original defendant Jayawant (since deceased, represented by legal heirs), filed a second appeal under Section 100 of the Code of Civil ...

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High Court of Karnataka Dismisses Second Appeal in Property Declaration and Possession Suit — Concurrent Findings of Fact Not Interfered With. Will Alleged to be Forged by Defendant Not Proven; Plaintiffs Established Title as Class II Heirs of Deceased Owner.

The case involves a second appeal filed by the defendant, Subhas Marutirao Yadav, against the concurrent judgments of the trial court and the first ap...