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High Court

Bombay High Court Upholds Daughter's Right to Coparcenary Share Under Amended Section 6 of Hindu Succession Act Despite Father's Death Before 1956 Act. Daughter Granted 1/4th Share in Suit Property as Amendment is Retrospective and Confers Coparcenary Rights from Birth.

29 Aug 2024

The case involves a second appeal before the Bombay High Court challenging the judgments of the trial court and the first appellate court in a partiti...

High Court

Bombay High Court Holds It Lacks Jurisdiction to Decide Amendment Application in Suit Slated for Transfer Due to Loss of Pecuniary Jurisdiction. The Court cannot retain jurisdiction to decide an amendment application seeking to increase suit valuation after the Bombay City Civil Court (Amendment) Act, 2023 came into force, as the suit already falls within the enhanced pecuniary jurisdiction of the City Civil Court.

23 Feb 2024

The Bombay High Court was tasked with deciding whether it retains jurisdiction to entertain an application for amendment of plaint seeking to increase...

High Court

Bombay High Court Dismisses Revocation of Probate Petition for Lack of Just Cause Under Section 263 of Indian Succession Act, 1925. Court holds that mere existence of other legal heirs does not constitute fraud when probate was granted after due citation and without objection.

7 Feb 2023

The case involves a petition for revocation of probate filed by Dinesh Madhukar Parshetye (the petitioner) under Section 263(b) of the Indian Successi...

High Court

Bombay High Court Grants Letters of Administration with Will Annexed in Testamentary Suit — Will Proved to be Duly Executed and Attested. Court holds that the propounder of the Will has discharged the burden of proving due execution and attestation under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872.

5 Mar 2019

The plaintiff, Mahendra Gajanan Karve, filed a Testamentary Petition No. 514 of 2004 seeking Letters of Administration with the Will annexed in respec...

High Court

High Court of Judicature at Bombay Removes Executor in Testamentary Proceedings for Misconduct Including Entering into Illegal Consent Terms Contrary to Will. Executor’s renunciation held irrevocable under Section 230 of Indian Succession Act, 1925; order of 30th July 2009 reinstating executor after renunciation declared incorrect; Court exercises suo motu power to remove executor in charitable will without any application from legatee.

3 May 2018

The dispute concerned the administration of the estate of the testator Bipin Gupta under his Will, wherein the executors appointed were Vasant Narayan...

High Court

Bombay High Court Grants Probate of Will Dated 1977 Despite Limitation and Forgery Challenges. Executor Succeeds in Proving Due Execution and Testamentary Capacity of Testator Who Died in 1979.

2 Dec 2016

The plaintiff, Suresh Manilal Mehta, filed a petition for probate of a Will dated 16th March 1977 allegedly executed by Rameshchandra Jamnadas Dalal (...

High Court

Bombay High Court Grants Leave Under Clause XII of Letters Patent, 1865 for Partition Suit Involving Immovable Property Outside Jurisdiction. Part of Cause of Action Within Jurisdiction Sufficient to Confer Jurisdiction Over Entire Suit.

11 Aug 2014

The plaintiff, Jaspal Sawhney, filed a petition seeking leave under Clause XII of the Letters Patent, 1865 to file a suit (L) No. 494 of 2014 against ...

High Court

Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Act Case — Petitioner Failed to Prove Fraud or Concealment of Material Facts. The court held that the petitioner, as sister of the deceased, had no locus standi to challenge the grant of Letters of Administration to the widow and daughters, and that the alleged agreement for sale was not a valid will or testamentary document.

26 Aug 2013

The petitioner, Mrs. Archana Arun Palav, sister of the deceased Kirankumar Gorjibhai Bhatia, filed a petition seeking revocation of the grant of Lette...

High Court

Bombay High Court Dismisses Motion to Strike Caveat in Probate Suit — Consent Terms in Related Suit Bar Challenge to Caveator's Interest. The Plaintiff's own consent terms in a related suit acknowledging the Defendant's claim to shares precluded the Plaintiff from seeking dismissal of the caveat filed by the Defendant in the probate proceedings.

19 Mar 2010

The Plaintiff, Balan Alias Balendu Jayant Sawant, filed a Testamentary Petition (No.67 of 1998) seeking probate of the last Will and Testament dated 7...

High Court

Bombay High Court Dismisses Interim Injunction Application in Specific Performance Suit — Plaintiff Fails to Establish Possession and Prima Facie Case. Balance of convenience favors defendant as property stands in defendant's name and no irreparable loss shown.

30 Nov -0001

The present matter is an interim application in a suit for specific performance of an agreement to sell and for permanent injunction. The plaintiff, S...

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