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High Court

Bombay High Court Grants Probate to Executor in Will Dispute, Upholds Execution and Dismisses Caveat for Lack of Proof of Undue Influence. The court held that the propounder of the Will had discharged the burden of proving due execution and testamentary capacity, and the caveator failed to establish suspicious circumstances or undue influence.

16 Jan 2019

The plaintiff, The Maharashtra Executor And Trustees Co. Ltd., filed a testamentary petition seeking probate of the last Will and Testament dated 22nd...

High Court

Bombay High Court Grants Letters of Administration with Will Annexed in Testamentary Suit — Will Proved to be Validly Executed and Registered Despite Caveator's Challenge. The court upheld the will of Dasappa Dhomba Karkera dated 2nd August, 1996, bequeathing the residential flat to five children excluding the caveator, and directed issuance of letters of administration to the petitioner.

8 Oct 2014

The testamentary suit was filed by Mrs. Revathi V. Amin, the petitioner, seeking letters of administration of the estate of Dasappa Dhomba Karkera, de...

High Court

Bombay High Court Dismisses Application for Abatement and Condonation of Delay in Second Appeal — No Sufficient Cause Shown for 5-Year Delay in Filing Application After Dismissal of Appeal for Default.

8 Oct 2013

The case involves a civil application filed by Smt. Radhabai Vithal Waikar (the applicant) seeking to quash an order dated 1st March 2006 passed by th...

High Court

Bombay High Court Allows Appeal Against Probate Grant in Testamentary Dispute — Executor's Failure to Disclose Material Facts and Obtain Consent of Co-Executor Renders Grant Invalid. Court sets aside probate granted to one executor without notice to the other, holding that probate must be granted to all executors jointly under Section 222 of the Indian Succession Act, 1925.

11 Oct 2019

The case involves two appeals filed by Arzan Khambatta, who along with Rajendra Kishanrao Shinde, is an executor of the Will of Ursula Dara Mistry dat...

High Court

Bombay High Court Dismisses Son's Petition for Revocation of Probate Due to Unexplained Delay and Consent. Consent Affidavit Given by Son at Time of Grant Precludes Challenge After Seven Years Under Section 263 of Indian Succession Act, 1925.

17 Sep 2013

The petitioner, Raana Haripada Roy, son of the deceased Haripada Roy, filed a Miscellaneous Revocation Petition under the Testamentary and Intestate J...

High Court

Bombay High Court Dismisses Probate Petition for Will Dated 1988 Due to Suspicious Circumstances and Failure to Prove Genuine Execution. Court holds that propounder must dispel all suspicions surrounding the will, including unnatural disposition and lack of independent evidence.

10 Jun 2013

The case concerns a testamentary suit filed by Suresh Hemmady, the executor under the will of Mira R. Nadkarni, seeking probate of the will dated 15th...

High Court

Bombay High Court Dismisses Appeal Against Heirship Certificate Issued to Widow Under Bombay Regulation VIII of 1827. Court holds that brother and sisters' children are not necessary parties in heirship proceedings and that the widow's marriage certificate is sufficient proof of marriage.

22 Aug 2006

The case concerns an appeal against an order dated March 3, 2005, passed by the learned Testamentary Judge of the Bombay High Court, issuing an heirsh...

High Court

Madras High Court Dismisses Appeal Against Grant of Probate in Will Dispute. Court Holds That Certified Copy of Will is Admissible as Secondary Evidence and Due Execution Proved Under Section 63 of Indian Succession Act, 1925.

17 Apr 2026

The appeal arises from a judgment and decree dated 16.08.2024 passed by a learned Single Judge of the Madras High Court in T.O.S.No.21 of 2020, granti...

High Court

Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Dispute. Petitioner fails to prove will or entitlement to flat as Letters of Administration validly granted to son of deceased.

4 Jul 2013

The petitioner, Prakash P. Bambardekar, filed a petition under Section 263 of the Indian Succession Act, 1925 seeking revocation of Letters of Adminis...

High Court

Bombay High Court Upholds Charity Commissioner's Discretion in Sale of Trust Property — Clause in Lease Deed Does Not Make Section 36 Permission a Mere Formality. The Court held that the Charity Commissioner must independently consider whether the sale is beneficial to the trust under Section 36(1) of the Bombay Public Trust Act, 1950, and a contractual clause cannot oust statutory discretion.

14 Sep 2011

The case involves two writ petitions filed under Article 226 of the Constitution of India challenging an order dated 08-05-2000 passed by the Charity ...

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