Search Results for "testamentary trust"

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Search Results for "testamentary trust"

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High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Dispel Doubts. Court holds that propounders must prove due execution and testamentary capacity beyond suspicion, and failure to examine attesting witnesses or explain unnatural bequests leads to rejection of probate.

22 Feb 2018

The judgment concerns two testamentary proceedings: a Miscellaneous Petition No. 39 of 2004 in Testamentary Petition No. 233 of 2004 and a Testamentar...

High Court

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.

16 Jul 2019

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...

High Court

Bombay High Court Allows Writ Petition Challenging Tax Recovery Proceedings Against Trust. Section 179(1) of Income Tax Act, 1961 cannot be invoked against trustees of a trust for tax dues of a company.

13 Mar 2020

The petitioners, trustees of the Ramniklal C. Laliwala Family Benefit Trust, filed a writ petition under Article 226 of the Constitution of India chal...

High Court

Bombay High Court Dismisses Appeal in Probate Case for Non-Compliance with Section 281 of Indian Succession Act, 1925. Mandatory Verification by Attesting Witness Not Provided, Leading to Dismissal of Probate Petition.

10 Jan 2019

The appellant, Pralhad Ganpat Salgar, filed a Testamentary Suit No. 173 of 2017 seeking probate of a Will dated 07.04.2007 allegedly executed by the r...

High Court

Bombay High Court Dismisses Petition Challenging Will Probate in Succession Act Case — No Interference with Concurrent Findings of Fact by Courts Below. The court upheld the validity of a Will executed by an 85-year-old testator, finding that the propounder had dispelled suspicious circumstances by examining attesting witnesses and the scribe under Section 63 of the Indian Succession Act, 1925.

30 Nov -0001

The petitioners, who were the original defendants in a probate proceeding, challenged the grant of probate of a Will executed by the testator, Smt. In...

High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Prove Execution. Court finds that the Will and Codicil were not proved in accordance with Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872, due to lack of attesting witnesses and suspicious circumstances surrounding the documents.

22 Feb 2018

The judgment concerns two connected matters: a Miscellaneous Petition (No. 39 of 2004) and a Testamentary Suit (No. 4 of 2005), both relating to the e...

High Court

Bombay High Court Construes Will Provisions Under Indian Succession Act to Determine Nature of Bequests. The Court Examined Whether Bequests to Daughter Were Absolute or Held in Trust for Minor Granddaughter Until Majority.

12 Dec 2006

This group of five appeals before the Bombay High Court concerned the construction of the last will and testament of one Pilloo M. Ghaswala. The testa...

High Court

Bombay High Court Grants Letters of Administration for Unattested Will of Sunni Muslim Testator — Section 63 of Indian Succession Act, 1925 Not Applicable to Muslims; Hanafi Law Does Not Require Attestation

10 Mar 2021

The case concerns an uncontested petition for Letters of Administration with Will annexed filed in 1990, which remained pending for 31 years. The test...

High Court

Bombay High Court Reserved Judgment in Petition for Revocation of Probate Under Indian Succession Act — Allegations of Non-Service of Citation on Sole Heir. The Court Examined Whether Probate Obtained by Deceased's Sister as Executrix Without Notifying the Daughter, Alleged to Have Mild Mental Retardation, Was Liable to Be Set Aside Under Section 263 of the Indian Succession Act, 1925.

23 Oct 2018

The petitioner, daughter of the deceased, sought revocation of probate granted to her aunt (respondent no.1) under Section 263 of the Indian Successio...

High Court

Bombay High Court Allows Probate Petition for Will of Deceased Couple Despite Caveat by Daughter-in-Law. Court holds that caveator lacks locus standi to oppose probate as she is not a legal heir under Indian Succession Act, 1925.

3 Sep 2025

The petitioner, Rhea Parthasarthy, filed a petition for probate of the Will of her deceased parents, Ravi Parthasarathy and Dr. (Mrs.) Vishpala Partha...

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