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Search Results for "testamentary trust"

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High Court

Bombay High Court Dismisses Probate Petition for Will Allegedly Executed by Father, Finding Suspicious Circumstances and Lack of Proof of Execution and Attestation. Will dated 21st November 1992 propounded by son fails as attesting witness not examined and execution not proved beyond reasonable doubt under Section 63 of Indian Succession Act, 1925.

8 Jul 2016

The plaintiff, Shirish Popatlal Shah, filed a petition for Letters of Administration with Will Annexed in respect of a Will dated 21st November 1992 a...

High Court

Bombay High Court Grants Probate of Will in Testamentary Suit, Upholds Execution Despite Handwritten Additions and Suspicious Circumstances. Propounders Discharged Burden of Proof Under Section 63 of Indian Succession Act, 1925 by Examining Attesting Witness and Explaining Circumstances.

9 Jun 2016

The plaintiffs, Kirit N. Damania and Shantaram V. Pikale, executors named in the Will of Shashikala Baburao Alandkar, sought probate of the Will dated...

High Court

Bombay High Court Dismisses Appeal in Trust Dispute — Interpretation of Indenture of Trust dated 29th March 1949. Court holds that the Appellant/Plaintiff failed to establish any right, title or interest in the trust property under the Deed of Trust.

11 Jan 2019

The dispute pertains to an Indenture of Trust executed on 31st March 1949 between Parvatibai Chowhan (Settler) and Rai Bahadur Kunwar Motisingh Lalsin...

High Court

High Court of Karnataka Allows Appeal in Testamentary Suit Limitation Dispute — Order of Single Judge Dismissing Suit as Barred by Limitation Set Aside. Court Holds That Article 137 of Limitation Act, 1963 Applies to Testamentary Suits and Limitation Runs from Date of Knowledge of Will, Not from Date of Death of Testator.

12 Dec 2024

The appellant, Sri Nanjavudootha Swamiji, the Peethadhipathi of Gurugunda Bramheshwara Swamy Mutt, filed a Testamentary Original Suit No.1/2023 seekin...

High Court

Bombay High Court Delivers Judgment in Cross Appeals Over Interpretation of Trust Deed and Maintainability of Originating Summons. The Court Considers Whether Questions Pertaining to Trust Administration Fall Within the Exclusive Domain of the Charity Commissioner Under the Bombay Public Trusts Act, 1950.

6 Nov 2012

This judgment arose from cross appeals against a Single Judge's order dated 5 March 2012 in an Originating Summons filed by Charu K. Mehta, a permanen...

High Court

Bombay High Court Dismisses Petition to Discharge Caveat in Probate Proceedings — Legatee Under Prior Will Has Caveatable Interest. The Court held that a legatee under a prior Will has a caveatable interest and is entitled to oppose probate of a later Will, and that the testamentary suit challenging the later Will disclosed a cause of action.

25 Jul 2012

The case involves a dispute over the estate of Mr. Purvez Burjor Dalal, who died on 7 December 2011. The Petitioner, Manek Dara Sukhadwalla, filed a p...

High Court

High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

19 Sep 2016

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

High Court

Bombay High Court Orders Possession to Trustees in Trust Property Dispute — Defendant's Claim of Adoption Fails. Trustees of a trust established under a Will are entitled to recover possession of a flat from a defendant who failed to prove adoption or any lawful right, as the Will prohibited alienation and the defendant was a trespasser.

22 Nov 2012

The suit was filed by the trustees of a trust created under a Will dated 28th June 1994, seeking a declaration that the defendant is a trespasser and ...

High Court

High Court of Judicature at Bombay, Aurangabad Bench, Adjudicates Appeal Against Rejection of Public Trust Registration. The Court Examines Whether 'Shri Sheriche Mahadev Mandir' Qualifies as a Public Trust Under Maharashtra Public Trusts Act, 1950, Based on Admissions, Management History, and Will Deed.

12 Jul 2016

The case arose from an attempt to register 'Shri Sheriche Mahadev Mandir' in Jalna as a public trust under the Maharashtra Public Trusts Act, 1950. Th...

High Court

Bombay High Court Allows Appeal Against Probate Grant in Testamentary Dispute — Executor's Failure to Disclose Material Facts and Obtain Consent of Co-Executor Renders Grant Invalid. Court sets aside probate granted to one executor without notice to the other, holding that probate must be granted to all executors jointly under Section 222 of the Indian Succession Act, 1925.

11 Oct 2019

The case involves two appeals filed by Arzan Khambatta, who along with Rajendra Kishanrao Shinde, is an executor of the Will of Ursula Dara Mistry dat...

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