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Bombay High Court Grants Probate of Will in Favor of Executor Despite Allegations of Suspicious Circumstances. Will executed by testatrix with firm signature and solicitor-drafted formality upheld as valid under Section 63 of Indian Succession Act, 1925.

The plaintiff, Chittaranjan N. Negandhi, sought probate of a Will dated 24th May 1973 left by his mother, Bhanumati Narottamdas Chapsi. Bhanumati died...

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High Court of Karnataka Quashes Dismissal of Final Decree Petition for Default in Partition Suit. Final decree proceedings cannot be dismissed under Order IX Rule 8 CPC as they are a continuation of the suit and must be decided on merits.

The petitioners, who were plaintiffs in a suit for partition and separate possession, obtained a preliminary decree. Subsequently, they filed a final ...

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Bombay High Court Dismisses Petition for Revocation of Probate in Succession Act Case — No Grounds Made Out Under Section 263 of Indian Succession Act, 1925. Court held that mere allegations of fraud or suppression without evidence are insufficient to revoke probate granted after due citation.

The petitioner, Ramprakash Jugilal Podar, brother of the deceased Tejpal Jugilal Podar, filed a petition under Section 263 of the Indian Succession Ac...

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Bombay High Court Grants Probate of Will in Favor of Executor Despite Challenge by Caveator Claiming Earlier Will. Court Upholds Validity of Later Will Executed in Hospital, Finds No Suspicious Circumstances.

The case concerns a probate petition filed by Prakash Sunderdas Aswani, the sole executor named in the last Will of Pushpa Thakurdas Aswani dated 18th...

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Bombay High Court Allows Heir to Join Testamentary Suits as Party-Defendant in Will Dispute. Daughter of Predeceased Brother Held to Have Sufficient Interest in Estate of Testator Without Children.

The judgment concerns two Chamber Summonses filed by Jyotsna Rasiklal Maniar, who claims to be the daughter of Prabhudas Chaganlal Mehta, the predecea...