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Bombay High Court Dismisses Appeal Seeking Revocation of Probate — Copy of Will Inadmissible Without Original Under Evidence Act. Probate Granted Under Indian Succession Act Cannot Be Revoked Except on Grounds Under Section 383.

The case involves a dispute between two real brothers, Deepak Shivram Patare (appellant) and Vijay Shivram Patare (respondent), over the estate of the...

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Bombay High Court Dismisses Appeal Seeking Revocation of Probate for Lack of Grounds Under Section 383 of Indian Succession Act, 1925. Copy of Will Deed Not Admissible Without Proving Original Under Section 65 of Evidence Act, 1872.

The case involves a dispute between two real brothers, Deepak Shivram Patare (appellant) and Vijay Shivram Patare (respondent), over the estate of the...

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Bombay High Court Dismisses Petition to Recast Issues in Partition Suit — No Error in Trial Court's Refusal to Frame Additional Issues After Evidence Commenced. The court held that the application for recasting issues was belated and lacked justification under Order 14 Rule 5 CPC.

The case arises from a partition suit filed by Lalasaheb Dattoba Pawar (Respondent No. 1) against several defendants, including Balasaheb Dattoba Pawa...

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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.

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

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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

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...

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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.

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...

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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.

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...