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High Court

Bombay High Court Allows Application to Reject Caveat in Probate Petition for Lack of Caveatable Interest. Brother of Deceased Cannot Oppose Grant of Probate Based on Adverse Title Claim to Subject Property.

4 Jul 2024

The petitioner, the nephew and sole executor of the deceased Dhruva Kumar Makharia, filed a petition for grant of Probate of the deceased's Will dated...

Supreme Court

Supreme Court Dismisses Appeal as Infructuous in Probate Document Access Case — No Live Controversy Exists After Petitioner's Death and Lack of Substitution. Writ Petition Seeking Copy of Probate Becomes Infructuous as Probate Proceedings Concluded Decades Ago and Executor Discharged Under Indian Succession Act, 1925.

15 May 2023

The case pertains to a probate matter concerning the Will of Rev. Salusbury Fynes Davenport, who died on 24.01.1972 at Udhagamandalam, Ooty. During hi...

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 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.

13 Jan 2022

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

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Probate Application Under Section 276 of Indian Succession Act, 1925 — Non-Compliance with Court Directions Leads to Dismissal. Petitioners failed to produce original Will and other documents as directed by the District Judge, resulting in dismissal of probate petition.

19 Mar 2019

The petitioners, who are the legal heirs of the deceased B.M.Chandregowda, filed a petition under Section 276 of the Indian Succession Act, 1925, befo...

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...

High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Prove Execution. Court finds that the Will and Codicil were not proved in accordance with Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872, due to lack of attesting witnesses and suspicious circumstances surrounding the documents.

22 Feb 2018

The judgment concerns two connected matters: a Miscellaneous Petition (No. 39 of 2004) and a Testamentary Suit (No. 4 of 2005), both relating to the e...

High Court

High Court of Karnataka Dismisses Appeal Against Probate of Will in Succession Act Case — Upholds Will Execution Due to Lack of Suspicious Circumstances. The court held that the propounder of a Will need not prove the testamentary capacity of the testator beyond reasonable doubt, but only on a preponderance of probabilities, and that the Will was duly executed and attested.

24 Jan 2018

The case pertains to an appeal filed by Laxman Hanchinamani against the order of the Principal District Judge, Belagavi, granting probate of a Will da...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Probate Petition Due to Lack of Jurisdiction Under Section 213 of Indian Succession Act, 1925. Court holds that probate proceedings cannot be converted into a suit and that the probate court lacks jurisdiction to adjudicate contentious issues of title.

7 Apr 2016

The appellant, Nitesh Shashikant Khobragade, filed a probate petition under Section 276 of the Indian Succession Act, 1925, seeking grant of probate o...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Probate Petition in Succession Dispute. Court holds that probate court cannot convert contentious proceedings into suit and that petition was not maintainable under Section 213 of Indian Succession Act, 1925.

7 Apr 2016

The appellant, Nitesh Shashikant Khobragade, filed a probate petition under Section 276 of the Indian Succession Act, 1925, seeking grant of probate o...

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