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Search Results for "joint executor"

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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...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Tenancy Dispute, Upholding High Court's Eviction Order. The Court affirmed that tenancy rights in joint Hindu family property cannot be surrendered by the Karta without consent of coparceners, making subsequent lease to appellant illegal under Hindu law principles.

5 Apr 2021

The dispute arose from a tenancy in premises owned by the Bihar State Sunni Wakf Board. The plaintiff filed a suit for declaration as a tenant, claimi...

High Court

Bombay High Court Dismisses Appeal Against Recall of Order in Probate Case — Joint Executor Status Restored. Delay Condoned as Respondent Had Accepted Executorship and Appellants Failed to Comply with Earlier Direction to Add Her as Co-Petitioner.

23 Nov 2015

The case arises from a probate petition concerning the Will of Nitinkumar Madhavji Rangwala dated 28th June 2004. The Will appointed four executors, i...

High Court

Bombay High Court Grants Letters of Administration with Will Annexed in Testamentary Suit — Will Proved to be Validly Executed and Registered Despite Caveator's Challenge. The court upheld the will of Dasappa Dhomba Karkera dated 2nd August, 1996, bequeathing the residential flat to five children excluding the caveator, and directed issuance of letters of administration to the petitioner.

8 Oct 2014

The testamentary suit was filed by Mrs. Revathi V. Amin, the petitioner, seeking letters of administration of the estate of Dasappa Dhomba Karkera, de...

High Court

Bombay High Court Allows Expungement of Irrelevant Portions from Affidavit of Examination-in-Chief in Testamentary Suit — Irrelevant and Prejudicial Statements Struck Out to Ensure Fair Trial. The court held that portions of an affidavit that are not relevant to the issues in the suit and are likely to prejudice the trial must be expunged under the Indian Evidence Act, 1872.

10 Jun 2014

The applicant, Mrs. Mahabanoo Navroz Kotwal, filed a testamentary petition for probate of the alleged last Will and Testament of Nergish Keki Cassad, ...

High Court

Bombay High Court Dismisses Application for Abatement and Condonation of Delay in Second Appeal — No Sufficient Cause Shown for 5-Year Delay in Filing Application After Dismissal of Appeal for Default.

8 Oct 2013

The case involves a civil application filed by Smt. Radhabai Vithal Waikar (the applicant) seeking to quash an order dated 1st March 2006 passed by th...

High Court

Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

23 Aug 2013

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

High Court

Bombay High Court Dismisses Probate Petition for Will Dated 1988 Due to Suspicious Circumstances and Failure to Prove Genuine Execution. Court holds that propounder must dispel all suspicions surrounding the will, including unnatural disposition and lack of independent evidence.

10 Jun 2013

The case concerns a testamentary suit filed by Suresh Hemmady, the executor under the will of Mira R. Nadkarni, seeking probate of the will dated 15th...

High Court

Bombay High Court Upholds Charity Commissioner's Discretion in Sale of Trust Property — Clause in Lease Deed Does Not Make Section 36 Permission a Mere Formality. The Court held that the Charity Commissioner must independently consider whether the sale is beneficial to the trust under Section 36(1) of the Bombay Public Trust Act, 1950, and a contractual clause cannot oust statutory discretion.

14 Sep 2011

The case involves two writ petitions filed under Article 226 of the Constitution of India challenging an order dated 08-05-2000 passed by the Charity ...

High Court

Bombay High Court Declares Defendant Trespasser and Orders Possession and Mesne Profits in Partnership Dissolution Dispute. Executor of Deceased Partner Succeeds in Establishing Right to Suit Premises.

2 May 2006

The suit was filed by the original plaintiff Lakchand Dhanji Shah, executor under the will of Narshi Hansraj Khona (deceased), against the defendant N...

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