Search Results for "probate proceeding"

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Search Results for "probate proceeding"

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Supreme Court

Supreme Court Allows Appeal in Probate Revocation Case — Limitation Period for Revocation Runs from Date of Knowledge, Not Grant of Probate. Application under Section 263 of Indian Succession Act, 1925 filed 27 years after probate held within limitation as respondents had no knowledge of probate until 2019.

1 Jan 2026

The case involves a dispute over the revocation of probate granted in 1995. Smt. Gouriprova Sen inherited properties from her husband and executed a W...

High Court

Bombay High Court Dismisses Appeal Against Grant of Probate — Secondary Evidence of Will Held Admissible Despite Non-Production of Original. Attestation Proved Through Scribe's Son and Attesting Witness's Daughter; Delay and Exclusion of Heirs Not Suspicious.

1 Oct 2024

The present appeal was filed under Section 96 read with Order 41 of the Code of Civil Procedure, 1908 by the original Opponents against the judgment d...

High Court

Bombay High Court Dismisses Appeal Against Substitution of Plaintiffs in Property Suit Based on Will. Substitution of Legal Representatives Under Order 22 Rule 3 CPC Does Not Change Nature of Suit Even If Claim Is Through a Will and Involves Transposition of a Defendant.

26 Aug 2024

The appeal arose from a property dispute among family members of Late Haji Israr Alam Siddiqui. The appellant, Mujibur Rehman, is one of the sons of t...

Supreme Court

Supreme Court Allows Appeal in Probate Case, Reinstating District Court's Grant of Probate for Two Wills. The Court Held That Alleged Suspicious Circumstances, Including Exclusion of a Daughter and Delay in Probate, Were Insufficient to Invalidate the Wills Under the Indian Succession Act, 1925, Especially Given the Father's Attestation of the Mother's Will and Reference to It in His Registered Will.

30 Mar 2022

The dispute involved a probate proceeding concerning two Wills executed by a married couple, Mannar Reddiar and Adhilakshmiammal. The mother executed ...

Supreme Court

Supreme Court Reverses High Court's Probate Grant in Favor of Objectors Due to Valid Cancellation of Will. The Court Held That a Registered Cancellation Deed Executed by the Testator Revoked the Will, Supported by Expert Evidence on Thumb Impression Genuineness and Witness Testimony, Under the Indian Succession Act, 1925.

17 Aug 2021

The appeal arose from a probate dispute concerning the Will of Rajendra Singh, who executed a Will on 14.09.1960 in favour of Sarjug Singh. Rajendra S...

High Court

Bombay High Court Upholds Validity of Section 28A(1) of Maharashtra Civil Courts Act, 1869 in Probate Reference. Section 28A(1) is not inconsistent with Indian Succession Act, 1925, and Civil Judges can be invested with probate jurisdiction.

5 Jun 2017

This judgment arises from a reference under Section 113 of the Code of Civil Procedure, 1908, made by the learned Joint Civil Judge, Senior Division, ...

High Court

Bombay High Court Dismisses Application for Abatement and Condonation of Delay in Second Appeal — No Sufficient Cause Shown for 5-Year Delay in Filing Application After Dismissal of Appeal for Default.

8 Oct 2013

The case involves a civil application filed by Smt. Radhabai Vithal Waikar (the applicant) seeking to quash an order dated 1st March 2006 passed by th...

High Court

Bombay High Court Allows Executor to Join Execution Proceedings Despite Pending Probate — Distinguishes Section 211 from Section 213 of Indian Succession Act, 1925. Executor's title vests from date of death under Section 211, and bar under Section 213 does not prevent representation of estate in execution before probate.

25 Sep 2013

The appeal arose from a judgment of a Learned Single Judge dated 21 June 2013, dismissing a Chamber Summons taken out by the Appellant for being broug...

High Court

Bombay High Court Allows Revision Against Order Rejecting Caveat in Probate Proceedings — Daughter of Testator Held Entitled to Lodge Caveat Under Section 283 of Indian Succession Act, 1925. The court held that a daughter, being a Class I heir under Hindu Succession Act, 1956, has sufficient interest in the estate to oppose probate.

5 May 2011

The petitioner, Gayabai Hemlal Jadhav, is the daughter of the deceased Baburao Zendu Chavan. Respondent No.1, Hiraman Rama Chavan, filed a Probate App...

High Court

Bombay High Court Allows Interim Orders in Testamentary Suit Under Section 268 of Indian Succession Act, 1925. Court holds that Section 141 CPC confers power to protect estate property pending grant of letters of administration.

29 Aug 2006

The Plaintiff, Rupali Mehta, filed Petition No.378 of 2005 seeking letters of administration with the Will annexed in respect of the estate of Captain...

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