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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.

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...

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Bombay High Court Upholds Will and Grants Probate Despite Challenge of Undue Influence and Physical Disability; Exclusion of Earlier Beneficiaries and Change of Solicitors Found Not to Vitiate Testamentary Capacity Under Indian Succession Act, 1925.

The proceedings originated from a probate petition filed by the three executors of the last Will and Testament of Adreshir Khurshedji Wadia, dated 8th...

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Bombay High Court Dismisses Probate Suit as Attesting Witnesses Deny Testator's Presence During Execution. Will Not Proved in Solemn Form Due to Non-Compliance with Section 63(c) of Indian Succession Act, 1925.

The dispute concerned the estate of Sahadev Deraj Shah, who died on 5th January 1998. His second wife, Shobhana, and the executors propounded a Will d...

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Bombay High Court Grants Probate to Deceased Wife's Will in Testamentary Suit Filed by Husband. Sons' Allegations of Forgery, Undue Influence, and Mutual Will Irrevocability Fail; Court Holds Due Execution Proved Under Indian Succession Act, 1925.

The plaintiff, husband of the deceased Vilasgauri Manilal Doshi, filed a testamentary suit seeking probate of his wife’s will dated 15 April 1970. T...

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Karnataka High Court Quashes Assistant Commissioner’s Order Cancelling Gift and Sale Deeds Under Senior Citizens Act. Absence of Condition for Maintenance in Gift Deed Renders Section 23 Inapplicable, Bona Fide Purchaser’s Rights Protected.

The petitioner, a subsequent purchaser of immovable property, challenged an order passed by the Assistant Commissioner under the Maintenance and Welfa...