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Bombay High Court Dismisses Revocation Petition in Probate Case — Sisters of Predeceased Wife Not Heirs of Testator Under Indian Succession Act. Court holds that only kindred of the deceased, not kindred of the predeceased spouse, are entitled to citation in probate proceedings.

The case concerns a revocation petition filed by Angelina Pascoal Mendes and Philomena Pascoal Mendes (petitioners) seeking to revoke the grant of pro...

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Bombay High Court Dismisses Petition for Mandamus to Register Will and Issue Succession Certificate. Court holds that registration of Will after testator's death is impermissible and succession certificate can only be granted by civil court, not through writ petition.

The petitioners, legal heirs of late Sebastiao Gracias, filed a writ petition under Article 226 of the Constitution of India seeking a direction to th...

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Bombay High Court Allows Appeal in Succession Act Case — Discharge of Executrix Set Aside. Court holds that mere delay in filing accounts does not warrant removal of an executrix under Section 301 of the Indian Succession Act, 1925, especially when no loss or prejudice is caused to the estate.

The appellant, Ms. Neeru Batra, was appointed as the executrix of the Will of the deceased. She filed a petition for probate, which was granted. Subse...

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Bombay High Court Dismisses Appeal Against Probate of Will, Upholds Trial Court's Finding of Due Execution and Attestation. Will dated 4 July 1993 held validly executed under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872.

The appeal arose from a judgment and order dated 9 June 2016 of the Bombay High Court disposing of Testamentary Suit No. 28 of 1995, which sought prob...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Title and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The appellants (plaintiffs) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of t...

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High Court of Karnataka Quashes State Transport Appellate Tribunal Order in Motor Vehicles Act Case — Lack of Jurisdiction to Review Own Orders. The Tribunal cannot review its own orders under the Motor Vehicles Act, 1988, as no power of review is conferred by the Act or Rules.

The petitioners, who are private bus operators, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the order dat...