Search Results for "testamentary trust"

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Bombay High Court Allows Appeal in Provident Fund Nomination Dispute — Nominee Entitled to Receive Amount as Trustee for Heirs. Joint Nomination Creates Co-Trusteeship Under Employees' Provident Funds Act, 1952.

The appellant, Antonio Joao Fernandes, filed a suit claiming 50% of the provident fund amount of his deceased cousin Joazinho Dias, who had nominated ...

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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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Supreme Court Upholds Gift Deed in Ancestral Property Dispute — Property Devised by Will Held Self-Acquired. Gift Deed Valid as Execution Not Specifically Denied, No Attesting Witness Required Under Section 68 of Indian Evidence Act, 1872.

The present appeal arises from a second appeal before the Gujarat High Court concerning a gift deed executed by Chhotabhai Ashabhai Patel (donor) on N...

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Bombay High Court Considers Administrator’s Report for Recovery of Diverted Estate Assets in Testamentary Suit. Court Appointed Administrator Seeks Directions Against Defendant for Unauthorized Diversion of Deceased’s Funds to Various Entities.

The matter concerned the administration of the estate of Purvez Burjor Dalal, who died in Mumbai on 7 December 2011. A testamentary suit was institute...

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Bombay High Court Allows Appointment of Sole Arbitrator in Will Dispute Between Surviving Heirs. Arbitration clause in last Will and testament of deceased father invoked for disputes over locker jewellery allegedly removed by respondent.

The applicant, Ashwin Maganlal Savani, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a S...

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Bombay High Court Dismisses Petition for Revocation of Probate in Indian Succession Act Case Due to Lack of Caveatable Interest and Proof of Adoption. Allegations of Fraud and Non-Service of Citation on Heirs Fail as Petitioner Fails to Establish Locus Standi and Execution of Will is Upheld.

The Bombay High Court heard a miscellaneous petition filed by the nephew of a deceased woman seeking revocation of a probate granted in favor of the r...