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Supreme Court

Supreme Court Allows Appeals in Testamentary Succession Dispute Over Estate of Purvez Burjor Dalal — Court-Monitored Criminal Investigation Quashed as Civil Court Lacks Inherent Power to Order Investigation Under Section 482 CrPC. The Court held that a civil court, in a testamentary proceeding under the Indian Succession Act, 1925, cannot direct a court-monitored criminal investigation, as such power is not available to a civil court under the Code of Criminal Procedure, 1973.

1 Jan 2026

The present appeals arise out of a common final judgment and order dated July 16, 2024, passed by the Division Bench of the High Court of Judicature a...

High Court

Bombay High Court Dismisses Appeal Against Grant of Probate — Secondary Evidence of Will Held Admissible Despite Non-Production of Original. Attestation Proved Through Scribe's Son and Attesting Witness's Daughter; Delay and Exclusion of Heirs Not Suspicious.

1 Oct 2024

The present appeal was filed under Section 96 read with Order 41 of the Code of Civil Procedure, 1908 by the original Opponents against the judgment d...

High Court

High Court of Karnataka Quashes BBMP Rejection of Katha Change Based on Will — Property Transfer by Will Requires Mutation Entry Without Succession Certificate. The court held that a Will is a valid testamentary document and the BBMP cannot insist on a succession certificate or probate for change of katha when the Will is not disputed.

2 Jul 2024

The petitioner, Rupa B.P., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 26.05.2018 i...

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 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 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

High Court of Karnataka Dismisses Appeal Against Probate of Will in Succession Act Case — Upholds Will Execution Due to Lack of Suspicious Circumstances. The court held that the propounder of a Will need not prove the testamentary capacity of the testator beyond reasonable doubt, but only on a preponderance of probabilities, and that the Will was duly executed and attested.

24 Jan 2018

The case pertains to an appeal filed by Laxman Hanchinamani against the order of the Principal District Judge, Belagavi, granting probate of a Will da...

High Court

Bombay High Court Dismisses Suit as Barred by Res Judicata and Limitation in Will Execution Dispute. Prior US Surrogate Court decree and delay in filing render suit not maintainable under Section 11 CPC and Limitation Act, 1963.

23 Feb 2015

The suit was filed by Jaswinder Paul Batra, Brinder Batra, and Sunaina Batra (plaintiffs) against Neeru Batra, Baljit Singh, ING Vysya Bank Ltd., and ...

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...

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