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Bombay High Court Allows Second Appeal in Will Dispute, Restores Trial Court Decree. Lower Appellate Court Erred in Rejecting Will Without Proper Application of Section 63 of Indian Succession Act and Section 68 of Indian Evidence Act.

The case involves a second appeal by the original plaintiff, Eknath Genu Pawar (since deceased, represented by his legal heirs), against the judgment ...

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Bombay High Court Allows Appeal in Probate Case Due to Propounder's Failure to Discharge Burden of Proof Regarding Testator's Title. The propounder of a will must establish the testator's title to the property; failure to do so results in dismissal of the probate application.

The appeal challenges the judgment and order dated 17-10-2004 passed by the Civil Judge Senior Division, Khamgaon in Probate Case No. 12 of 2010. The ...

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Bombay High Court Dismisses Testamentary Suit for Letters of Administration; Will Not Validly Executed Due to Suspicious Circumstances and Undue Influence. Holograph Will Dated 20 March 1980 Not Proved Under Section 69 of Indian Evidence Act, 1872; Propounder Failed to Remove Suspicious Circumstances.

The testamentary suit originated from a petition filed by the son of the deceased seeking Letters of Administration with the Will dated 20 March 1980....

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Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

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Supreme Court Upholds Impartible Estate Status of Nazul Property in Former Ruler's Succession Dispute. Perpetual Leasehold Rights Held as Part of Impartible Estate Governed by Primogeniture, Not Coparcenary Property.

The Supreme Court of India heard civil appeals arising from a common judgment of the Allahabad High Court concerning the nature of perpetual leasehold...

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Bombay High Court Dismisses Second Appeal in Will Dispute, Upholds 1935 Will Over 1988 Will. Succession rights determined by earlier valid Will; later Will found illegal and not binding on plaintiffs.

The case involves a property dispute over premises situated at CTS No.212, Nana Peth, Pune. The respondents (original plaintiffs) filed Special Civil ...

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Bombay High Court Allows Appeals in Share Ownership Dispute, Sets Aside Injunction Against Transfer of Shares Held by Trust. Court holds that a trustee cannot seek declaration of exclusive ownership of trust property in personal capacity without joining all trustees and beneficiaries.

The case involves two appeals from an order of the Joint Civil Judge Senior Division, Pune, dated 10 May 2019, which granted an interim injunction in ...