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Bombay High Court Allows Condonation of Delay in Filing Caveat in Testamentary Case — Caveators' Rights Protected Despite Procedural Lapse. Court holds that caveat filed after petition for Letters of Administration is maintainable and delay in lodging caveat can be condoned under Section 148A of CPC.

The case involves a Chamber Summons filed by the applicants, who are the legal heirs of Mr. Adhip Lal Barua (predeceased son of the deceased Captain M...

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Gujarat High Court Dismisses Revision Against Succession Certificate Granted to Widow and Children in Summary Proceeding Under Indian Succession Act. Concurrent findings of fact on validity of marriage cannot be interfered with under Section 115 CPC in absence of jurisdictional error or perversity.

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 read with Section 384(1)(3) of the Indian Succession Act...

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Supreme Court Dismisses Appeal of Female Heir in Hindu Succession Dispute — Prior Partition and Sale by Coparcener Barred Claim. Daughter of Predeceased Son Had No Vested Right During Lifetime of Absolute Owner; Rule of Survivorship Inapplicable After Partition.

The appellant, Radha Bai, filed a suit for partition and possession of ancestral land in Village Barra, claiming to be the daughter of Saheblal, a pre...

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Supreme Court Allows Appeal in Will Dispute Case — High Court's Reversal of Trial Court's Preliminary Decree Set Aside. Registered Will Fails to Meet Attestation Requirements Under Section 63(c) of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872.

The case concerns a dispute over a tenement originally allotted to Suhagwanti Devi, the wife of late Harbans Lal, under a redevelopment scheme. After ...

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Bombay High Court Dismisses Appeal in Probate Case, Upholds Setting Aside of Ex Parte Decree Dismissing Caveat Due to Non-Service of Citation. The court held that the son of the testator was not served with citation, and the ex parte decree was rightly set aside subject to payment of costs.

The appellant, R.V. Bhasin, filed a probate petition (Petition No. 4 of 2003) in the Bombay High Court seeking probate of the Will and Codicil of his ...

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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Suit Challenging Transfer of Flat by Executors Before Probate. The court set aside the trial court's order appointing a Receiver and remanded the matter for fresh consideration of balance of convenience.

The appeals arose from an order dated 13 March 2014 of the learned Trial Judge in a notice of motion taken out by the plaintiffs in a suit seeking to ...

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High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Partial Decree for Declaration, Injunction, and Partition. Appellants failed to prove title and possession over suit property, and trial court's findings were based on proper appreciation of evidence under Section 96 CPC.

The case involves two Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 26.02.2...