Search Results for "probate validity"

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Gujarat High Court Dismisses Appeal Against Rejection of Plaint in Property Suit — Suit Barred by Limitation and Res Judicata. Order VII Rule 11 CPC Application Allowed as Plaint Discloses No Cause of Action and is Time-Barred.

The present appeal was filed by the original plaintiff against the order of the trial court dated 01.10.2025 rejecting the plaint in Special Civil Sui...

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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.

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...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

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Bombay High Court Dismisses Probate Suit as Attesting Witnesses Deny Testator's Presence During Execution. Will Not Proved in Solemn Form Due to Non-Compliance with Section 63(c) of Indian Succession Act, 1925.

The dispute concerned the estate of Sahadev Deraj Shah, who died on 5th January 1998. His second wife, Shobhana, and the executors propounded a Will d...

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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 Caveat in Probate Case Due to Lack of Caveatable Interest. Attesting Witness's Son Cannot Challenge Will When Father Had Attested It Voluntarily.

The case involves a probate petition filed by the executors of the last Will and testament of Khimjee Thakkar, a bachelor. The Will was attested by Ba...

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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.

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...