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High Court

Bombay High Court Allows Appeal Against Substitution of Beneficiary in Probate Suit — Purposive Interpretation of Indian Succession Act, 1925 Prevents Multiplicity of Proceedings. The Court held that a sole beneficiary can be substituted in place of a deceased executor and the proceeding converted into one for Letters of Administration with the will annexed.

19 Jan 2011

The case involves an appeal against an order of a learned Single Judge allowing a Chamber Summons for substitution of the sole beneficiary in place of...

Supreme Court

Supreme Court Restores Revocation of Probate in Will Dispute — Testamentary Court Must Examine Execution and Suspicious Circumstances. High Court Erred in Limiting Testamentary Jurisdiction to Execution Only, Ignoring Non-Compliance with Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

21 Apr 2026

The present appeal arises from a dispute over the grant of probate of a Will dated 09.01.1976 allegedly executed by Eswaramurthy Gounder in favour of ...

High Court

Bombay High Court Dismisses Caveat in Testamentary Suit for Lack of Caveatable Interest. Held that a caveator must have a direct interest in the estate of the deceased, and a mere relationship or expectation of inheritance does not constitute such interest under Section 283 of the Indian Succession Act, 1925.

8 Jul 2014

The judgment pertains to a testamentary suit arising from the Will of late Bharat Ladharam Asarpota, who died allegedly leaving a Will dated 15 June 1...

High Court

Bombay High Court Dismisses Petition to Discharge Caveat in Probate Proceedings — Legatee Under Prior Will Has Caveatable Interest. The Court held that a legatee under a prior Will has a caveatable interest and is entitled to oppose probate of a later Will, and that the testamentary suit challenging the later Will disclosed a cause of action.

25 Jul 2012

The case involves a dispute over the estate of Mr. Purvez Burjor Dalal, who died on 7 December 2011. The Petitioner, Manek Dara Sukhadwalla, filed a p...

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 Allows Striking of Objectionable Paragraphs from Affidavit in Probate Petition — Upholds Relevancy and Confidentiality in Testamentary Proceedings. Court holds that in probate proceedings, evidence must be confined to issues of valid execution and sound state of mind under the Indian Succession Act, 1925, and extraneous allegations are liable to be struck out.

29 Oct 2013

The plaintiffs, who are executors named in the last Will and Testament of the deceased Rajendra Singh Chhatrasal Singh, filed a Testamentary Petition ...

High Court

Bombay High Court Upholds Will in Testamentary Suit, Finds No Forgery or Undue Influence. Sister Propounds Will of Deceased Brother; Wife's Challenge Fails as Execution and Attestation Proved Under Indian Succession Act, 1925.

11 Jun 2012

The judgment concerns two testamentary suits arising from the death of Mahendra Premchand Shah. The petitioner in Testamentary Suit No.127 of 2010, Ma...

High Court

Bombay High Court Upholds Will in Testamentary Suit — Dismisses Caveat by Other Heirs. Will dated 3rd December 1988 executed by deceased Hiroo @ Hiraji Laxman Jadhav proved as last Will and Testament; letter of administration granted to plaintiffs.

22 Dec 2016

The case involves a testamentary dispute concerning the Will of Hiroo @ Hiraji Laxman Jadhav, who died on 3rd December 1988. The plaintiffs, Subhash H...

High Court

High Court of Karnataka Allows Appeal in Testamentary Suit Limitation Dispute — Order of Single Judge Dismissing Suit as Barred by Limitation Set Aside. Court Holds That Article 137 of Limitation Act, 1963 Applies to Testamentary Suits and Limitation Runs from Date of Knowledge of Will, Not from Date of Death of Testator.

12 Dec 2024

The appellant, Sri Nanjavudootha Swamiji, the Peethadhipathi of Gurugunda Bramheshwara Swamy Mutt, filed a Testamentary Original Suit No.1/2023 seekin...

High Court

Bombay High Court Dismisses Appeal Against Probate Grant in Will Execution Dispute — No Suspicious Circumstances Found. The court upheld the probate of a Will executed by the testator in favor of his brothers, rejecting claims of suspicious circumstances under Section 63 of the Indian Succession Act, 1925.

11 Jan 2019

The case involves an appeal against the grant of probate of a Will executed by the late Narrottam Sahgal. The appellants, who are the legal heirs of t...

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