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High Court

High Court Dismisses Appeal in Testamentary Dispute Over Estate Administration Due to Unexplained Delay and Lack of Merit. Revocation of Probate and Letters of Administration Sought Decades After Grants, Alleging Forgery and Duress, But Court Finds Consent Via Caveat Withdrawal and Prejudice to Respondent Under Indian Succession Act, 1925.

6 Mar 2026

The appeal arose from a dispute over the estate of Narsingrao Pupala, involving his last will dated 7 March 1974, which appointed executors and bequea...

High Court

Bombay High Court Dismisses Petition for Letters of Administration for Lack of Territorial Jurisdiction — Amendment Sought to Include Properties Outside Jurisdiction Cannot Confer Jurisdiction. The court held that the High Court's testamentary jurisdiction under Section 300 of the Indian Succession Act, 1925 is limited to cases where the deceased had a fixed place of abode or left property within its ordinary original civil jurisdiction, and an amendment to add properties outside that jurisdiction cannot cure the defect.

12 Nov 2024

The judgment concerns two interim applications in a testamentary petition for grant of Letters of Administration. The petitioner, Uday Sharad Kulkarni...

High Court

High Court of Karnataka Dismisses Appeal in Succession Act Case — Will Not Duly Executed as Per Section 63 of Indian Succession Act, 1925. Propounder Failed to Prove Execution and Attestation Requirements, Leading to Dismissal of Probate Petition.

8 Sep 2023

The case involves an appeal filed by Mrs. Eulalia Sequeira Nee Menezes against the dismissal of her petition for probate of a Will dated 06.08.1993 al...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Revocation of Letters of Administration in Ancillary Grant Case. Limitation for Revocation Application Runs from Date of Grant, Not Knowledge, Under Article 137 of Limitation Act, 1963.

4 Oct 2019

The case involves an appeal by Ramesh Nivrutti Bhagwat against the Bombay High Court's decision affirming the rejection of his application for revocat...

High Court

Bombay High Court Allows Appeal in Succession Certificate Case — Dispute Between Brothers Over Entitlement to Succession Certificate for Deceased Brother's Estate. Court holds that the respondent, being the elder brother, is entitled to the certificate as per Section 372 of the Indian Succession Act, 1925, but the appellant's claim as a creditor must be considered in separate proceedings.

29 Jul 2019

The present appeal was filed by Rajendra Sadashiv Shreshtha (the appellant) challenging the judgment and order dated 21-01-2019 passed by the 2nd Join...

High Court

High Court of Karnataka Allows Writ Petition Challenging Rejection of Probate Application Under Section 276 of Indian Succession Act, 1925 — Trial Court Directed to Consider Application on Merits Without Insisting on Valuation of Immovable Properties

19 Mar 2019

The petitioners, who are the legal heirs of deceased B.M. Chandregowda, filed a probate application under Section 276 of the Indian Succession Act, 19...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Impleadment in Testamentary Suit — Appellants Fail to Establish Caveatable Interest. The Court held that mere purchasers of property from a legatee under a Will, prior to grant of probate, cannot claim a caveatable interest in the probate proceedings as they are neither heirs nor legal representatives of the deceased.

11 Sep 2015

The appeal arises from a judgment and order dated 10th June 2013 passed by a learned Single Judge of the Bombay High Court, dismissing Chamber Summons...

High Court

Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

20 Dec 2013

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

High Court

Bombay High Court Dismisses Petition for Revocation of Probate Due to Inordinate Delay and Lack of Grounds. Petitioners failed to establish any ground for revocation under Section 263 of the Indian Succession Act, 1925, as they were aware of the probate for over 30 years.

14 Oct 2013

The petitioners, who are heirs of the deceased Andrew Satiro D'Cunha, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking r...

High Court

Bombay High Court Dismisses Suit Challenging Will of Deceased as Probate Granted by Dubai Court is Conclusive Under Section 41 of Indian Evidence Act. Mother's challenge to will fails as foreign probate is binding on Indian courts regarding validity and execution of will.

27 Jul 2012

The plaintiff, Dr. Devika Damji Shah, mother of the deceased Dr. Mukesh Ramji Shah, filed a suit seeking a declaration that the will of the deceased d...

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