Search Results for "Attesting Witness"

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High Court

Madras High Court Dismisses Appeal Against Grant of Probate in Will Dispute. Court Holds That Certified Copy of Will is Admissible as Secondary Evidence and Due Execution Proved Under Section 63 of Indian Succession Act, 1925.

17 Apr 2026

The appeal arises from a judgment and decree dated 16.08.2024 passed by a learned Single Judge of the Madras High Court in T.O.S.No.21 of 2020, granti...

High Court

Bombay High Court Dismisses Appeal in Probate Case for Non-Compliance with Section 281 of Indian Succession Act, 1925. Mandatory Verification by Attesting Witness Not Provided, Leading to Dismissal of Probate Petition.

10 Jan 2019

The appellant, Pralhad Ganpat Salgar, filed a Testamentary Suit No. 173 of 2017 seeking probate of a Will dated 07.04.2007 allegedly executed by the r...

High Court

Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

20 Dec 2013

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

High Court

Bombay High Court Grants Probate of Will in Testamentary Suit Despite Caveat by Daughter Alleging Forgery and Undue Influence. The court held that the propounder proved due execution and attestation under Section 63 of the Indian Succession Act, 1925, and the caveator failed to establish any suspicious circumstances.

29 Oct 2013

The plaintiff, Nelson D'Souza, filed a petition for probate of the last Will and Testament of his father, Domnic D'Souza, who died leaving behind a wi...

Supreme Court

Supreme Court Upholds Concurrent Findings Disbelieving Will Excluding One Child from Inheritance in Partition Suit. Will Executed in Favour of Eight Children Excluding Plaintiff Daughter Held Not Genuine Due to Suspicious Circumstances Including Registration on Sunday and Non-Attestation.

1 Jan 2025

The case pertains to a partition suit filed by Shyla Joseph (plaintiff) against her siblings (defendants 1 to 8) seeking a share in the estate of her ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Will Succession — Finds Appellate Court Erred in Reversing Trial Court's Findings on Will Validity. The Court held that the first appellate court failed to consider that the plaintiffs did not challenge the will of Ambadas in favour of Kasabai and that the defendant had become owner by virtue of two valid wills.

5 Mar 2019

The dispute pertains to agricultural fields Gat No.112 and 113 situated at village Kopra Jankar. Ambadas Damodar Bhalerao, a bachelor priest, owned th...

High Court

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.

16 Jul 2019

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...

High Court

Bombay High Court Dismisses Probate Petition in Testamentary Suit No. 13 of 1994 — Will Not Proved Due to Suspicious Circumstances. Propounders Failed to Discharge Burden of Proving Due Execution Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

13 Aug 2013

The plaintiffs, Harish Vithal Kulkarni and Shivanand Vishwanath Warty, claiming to be executors under a Will dated 11th October, 1991 of Mahadeo Sabni...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower appellate court's modification of preliminary decree granting 1/3rd share to plaintiff and 2/3rd share to defendant, rejecting appellant's claim of exclusive ownership based on oral partition.

6 Mar 2024

This regular second appeal was filed by the 1st defendant, Sri Janardhan S/o Shivappa Naik, challenging the judgment and decree dated 15.07.2006 passe...

Supreme Court

Supreme Court Dismisses Appeal in Will Dispute — Upholds High Court's Finding of Non-Genuine Will Due to Suspicious Circumstances. The court affirmed that the propounder of a Will must dispel all suspicious circumstances, and the High Court's reversal of the Trial Court's decree was justified based on inconsistencies in evidence.

24 Apr 2020

The case involves a civil appeal by the plaintiffs-appellants against the High Court of Karnataka's judgment dated 26.10.2007, which reversed the Tria...

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