Search Results for "testator's intention"

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Search Results for "testator's intention"

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Supreme Court

Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alienations and Direction to Frame Scheme for Charitable Trust. High Court Held Will Dated 27.9.1968 Was Mutual and Joint, and Alienations by Surviving Spouse Void.

1 Aug 2026

These appeals arose from Original Suit No. 76 of 1981, filed by Hindu Community in General and Citizens of Gobichettipalayam as plaintiff, seeking adm...

High Court

Bombay High Court Quashes FIR in Step-Mother's Complaint of Criminal Breach of Trust and Cheating Against Step-Son — Holds Nominee Designation Does Not Confer Beneficial Ownership, But Dispute is Purely Civil in Nature

30 Jun 2026

The petitioner, Mukund Ashok Cairae, filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Proc...

Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute, Declaring 1985 Document as Will, Not Gift. The Court Held That the Disposition Took Effect on Death, Not in Praesenti, Under Transfer of Property Act, 1882, and That the High Court Erred in Setting Aside Concurrent Findings Without a Substantial Question of Law Under Section 100 CPC.

24 Mar 2025

The appeal arose from a property dispute between siblings over a document executed by their father in 1985. The respondent, the daughter, filed a suit...

High Court

High Court of Karnataka Hears Regular First Appeal Against Dismissal of Suit for Partition and Declaration. Daughter Challenges Will Dated 15.06.2001 Alleging Suspicious Circumstances and Non-Compliance with Proof Requirements Under Section 63 of Indian Succession Act, 1956.

7 Jun 2024

The Regular First Appeal arose from a suit for declaration, partition, and mesne profits filed by one of the daughters of late M. Krishnappa. The dece...

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...

High Court

High Court of Karnataka Dismisses Second Appeals in Partition Suit, Upholding Concurrent Findings on Joint Family Property and Adverse Possession. The court held that the appellants failed to prove exclusive title and adverse possession over suit properties, and that the properties were joint family assets not subject to ouster.

29 Feb 2024

The case involves two regular second appeals filed under Section 100 of the Code of Civil Procedure, 1908, arising from a partition suit. The appellan...

Supreme Court

Supreme Court Allows Appeal in Will Interpretation Case — Absolute Interest Vested in Wife Under Holograph Will. Sale Deed Executed by Wife Held Valid and Binding on Son Despite Testator's Desire for Division of Sale Proceeds.

5 Mar 2020

The appeals arose from a common judgment of the Karnataka High Court in R.F.A. Nos. 1888/2011 and 1889/2011, which partly allowed the first appeal and...

High Court

Bombay High Court Allows Appeal Against Appointment of Administrator in Testamentary Case — Upholds Right of Son to Challenge Will on Ground of Undue Influence and Suspicious Circumstances. The court held that the propounder of a will must remove all suspicious circumstances, and the appointment of an administrator pendente lite under Section 247 of the Indian Succession Act, 1925, should not be made without considering the caveator's serious objections.

25 Apr 2019

The appeal arises from a testamentary dispute concerning the estate of Amardeep Singh Sujan Singh Chadha (the testator). The testator died on 5th Octo...

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 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.

7 Mar 2013

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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