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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

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Supreme Court Dismisses Cooperative Society's Appeals Challenging Sale Deeds Executed in Favor of Members. Arbitrator under Delhi Cooperative Societies Act lacks jurisdiction to adjudicate validity of registered sale deeds, which can only be challenged before civil court.

The Supreme Court dismissed the appeals filed by Delhi Dayalbagh Cooperative House Building Society Ltd. against the orders of the Delhi High Court, w...

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Bombay High Court Allows Appeal in Succession Act Case — Appellants Granted Letters of Administration Despite Objections. Court holds that objectors failed to prove that the Will was not duly executed or that the testator lacked testamentary capacity under the Indian Succession Act, 1925.

The case involves a dispute over the grant of Letters of Administration in respect of the Will of late Dattaram Shirodkar. The appellants, who are the...

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Bombay High Court Allows Appeal in Probate Case Due to Propounder's Failure to Discharge Burden of Proof Regarding Testator's Title. The propounder of a will must establish the testator's title to the property; failure to do so results in dismissal of the probate application.

The appeal challenges the judgment and order dated 17-10-2004 passed by the Civil Judge Senior Division, Khamgaon in Probate Case No. 12 of 2010. The ...

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Bombay High Court Allows Application to Reject Caveat in Probate Petition for Lack of Caveatable Interest. Brother of Deceased Cannot Oppose Grant of Probate Based on Adverse Title Claim to Subject Property.

The petitioner, the nephew and sole executor of the deceased Dhruva Kumar Makharia, filed a petition for grant of Probate of the deceased's Will dated...

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High Court of Karnataka Allows Appeal Against Ex Parte Probate Order for Non-Joinder of Necessary Party and Lack of Citation. Order Set Aside for Violation of Natural Justice Under Section 299 of Indian Succession Act, 1925.

The appellant, S.P. Sreenivas Naik, filed an appeal under Section 299 of the Indian Succession Act, 1925, challenging the order dated 20.09.2016 passe...