Search Results for "Testamentary Capacity"

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Search Results for "Testamentary Capacity"

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High Court

Bombay High Court Grants Probate of Will and Codicil in Favor of Executors Despite Caveat by Son — Execution and Attestation Proved Under Section 63 of Indian Succession Act, 1925. The court held that the Will and Codicil were duly executed and attested, and the caveator's allegations of undue influence and lack of testamentary capacity were not substantiated.

11 Jun 2014

The plaintiffs, being three of the executors named in the last Will and Testament dated 16th June, 1999 and a Codicil dated 23rd July, 2001 of Sorabji...

Supreme Court

Supreme Court Restores Revocation of Probate in Will Dispute — Testamentary Court Must Examine Execution and Suspicious Circumstances. High Court Erred in Limiting Testamentary Jurisdiction to Execution Only, Ignoring Non-Compliance with Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

21 Apr 2026

The present appeal arises from a dispute over the grant of probate of a Will dated 09.01.1976 allegedly executed by Eswaramurthy Gounder in favour of ...

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

Bombay High Court Allows Appeal Against Substitution of Beneficiary in Probate Suit — Purposive Interpretation of Indian Succession Act, 1925 Prevents Multiplicity of Proceedings. The Court held that a sole beneficiary can be substituted in place of a deceased executor and the proceeding converted into one for Letters of Administration with the will annexed.

19 Jan 2011

The case involves an appeal against an order of a learned Single Judge allowing a Chamber Summons for substitution of the sole beneficiary in place of...

High Court

Bombay High Court Allows Tenant's Application for Leave to Defend in Eviction Suit — Tenant's Affidavit Disclosing Triable Issues Regarding Bona Fide Requirement and Subletting Warrants Unconditional Leave. The court held that under Order 37 Rule 3(5) CPC, leave to defend must be granted if the affidavit raises triable issues, and the tenant's claim of tenancy and lack of bona fide requirement constituted such issues.

8 Jan 2019

The plaintiff, Sushilarani Baburao Patel, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Geeta Patel...

High Court

Bombay High Court Dismisses Probate Suit Challenging Will on Grounds of Suspicious Circumstances and Lack of Testamentary Capacity. Will dated 9th March 1981 held not duly executed and attested as required under Section 63 of the Indian Succession Act, 1925.

29 Jan 2019

The case concerns a testamentary suit filed by Sulochana Dinanath Tarkar (since deceased, represented by her sons Sunil and Harish) seeking Letters of...

High Court

Bombay High Court Dismisses Probate Petition in Testamentary Suit No. 13 of 1994 — Will Not Proved Due to Suspicious Circumstances. Propounders Failed to Discharge Burden of Proving Due Execution Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

13 Aug 2013

The plaintiffs, Harish Vithal Kulkarni and Shivanand Vishwanath Warty, claiming to be executors under a Will dated 11th October, 1991 of Mahadeo Sabni...

High Court

Bombay High Court Dismisses Appeal Against Probate Grant in Will Execution Dispute — No Suspicious Circumstances Found. The court upheld the probate of a Will executed by the testator in favor of his brothers, rejecting claims of suspicious circumstances under Section 63 of the Indian Succession Act, 1925.

11 Jan 2019

The case involves an appeal against the grant of probate of a Will executed by the late Narrottam Sahgal. The appellants, who are the legal heirs of t...

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 Upholds Probate of Will Despite Death of Attesting Witnesses — Secondary Evidence Sufficient to Prove Execution. Court holds that when both attesting witnesses are dead, their signatures can be proved by other evidence under Section 69 of the Indian Evidence Act, 1872, and the will can be admitted to probate if the propounder proves due execution and testamentary capacity.

1 Jul 2013

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court holding that the last will and testament of Sebastian John D'Souz...

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