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Revocation of Probate Not Maintainable on Grounds of Title Dispute. Bombay High Court

The Bombay High Court held that a probate cannot be revoked on the ground that the testator lacked title to the bequeathed property. S...

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Bombay High Court Dismisses Probate Suit for Alleged Will of 1975 Due to Non-Prosecution and Failure to Prove Execution. The court held that the propounder must prove due execution and attestation under Section 63 of the Indian Succession Act, 1925, and failure to lead evidence results in dismissal.

The suit was filed by the plaintiffs, who were great grandsons and other relatives of the deceased, seeking probate of an alleged Will dated 3rd Janua...

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Bombay High Court Dismisses Probate Petition for Will Allegedly Executed Under Undue Influence and Suspicious Circumstances. Will dated 21st August 1997 of Vivien Theresa Vaz held not proved due to lack of testamentary capacity and failure to dispel suspicion regarding execution.

The case concerns a probate petition filed by Mirzban Darabshaw Surti, claiming to be the sole executor of the last Will and Testament of Vivien There...

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Bombay High Court Allows Appeal Against Single Judge Order Requiring Separate Valuation and Court Fees for Joint Will Probate. Court Holds That a Joint Will Executed by Testator and Testatrix Constitutes a Single Subject for Probate, Attracting Single Court Fee Under Bombay Court Fees Act.

The appeal arose from an order of the Learned Single Judge dated 6 February 2013 in a Testamentary Petition for probate of a joint will executed by Ka...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Gift Deed and Will Upheld as Valid. Court holds that a coparcener cannot challenge a gift deed executed by father after partition when the property was not ancestral and the father had absolute rights.

The appellant, original plaintiff Mahadeo Yeshwant Kadam (since deceased, represented by his heir Jaiprakash Mahadeo Kadam), filed a suit for declarat...