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Search Results for "testamentary court"

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High Court

Bombay High Court Dismisses Probate Petition in Testamentary Suit No. 13 of 1994 — Will Not Proved Due to Suspicious Circumstances. Propounders Failed to Discharge Burden of Proving Due Execution Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

13 Aug 2013

The plaintiffs, Harish Vithal Kulkarni and Shivanand Vishwanath Warty, claiming to be executors under a Will dated 11th October, 1991 of Mahadeo Sabni...

High Court

Bombay High Court Dismisses Petition Challenging Will Probate in Succession Act Case — No Interference with Concurrent Findings of Fact by Courts Below. The court upheld the validity of a Will executed by an 85-year-old testator, finding that the propounder had dispelled suspicious circumstances by examining attesting witnesses and the scribe under Section 63 of the Indian Succession Act, 1925.

30 Nov -0001

The petitioners, who were the original defendants in a probate proceeding, challenged the grant of probate of a Will executed by the testator, Smt. In...

High Court

Bombay High Court Dismisses Injunction Application in Testamentary Suit — No Stay of Execution of Partition Decree. Pendency of testamentary suit does not automatically stay execution of a civil court decree for partition and accounts.

13 Jun 2023

The applicant, Sukumar Bhoja Shetty, filed a Notice of Motion in Testamentary Suit No. 113 of 2017 seeking an injunction to restrain the defendant, Ga...

High Court

Bombay High Court Grants Letters of Administration with Will Annexed in Testamentary Suit — Will Proved to be Duly Executed and Attested. Court holds that the propounder of the Will has discharged the burden of proving due execution and attestation under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872.

5 Mar 2019

The plaintiff, Mahendra Gajanan Karve, filed a Testamentary Petition No. 514 of 2004 seeking Letters of Administration with the Will annexed in respec...

High Court

Bombay High Court Dismisses Chamber Summons for Rejection of Plaint in Testamentary Suit — No Cause of Action for Revocation of Probate. Allegations of non-disclosure of assets and suppression of facts do not constitute fraud under Section 263 of the Indian Succession Act, 1925, and the plaint cannot be rejected under Order VII Rule 11 CPC.

3 Jul 2017

The case involves a Chamber Summons filed by the original defendants (Howard Miranda, Roy Miranda, Arlene Miranda, and Ginnette Fernandes) in a Testam...

High Court

Bombay High Court Allows Appeal Against Appointment of Administrator in Testamentary Case — Upholds Right of Son to Challenge Will on Ground of Undue Influence and Suspicious Circumstances. The court held that the propounder of a will must remove all suspicious circumstances, and the appointment of an administrator pendente lite under Section 247 of the Indian Succession Act, 1925, should not be made without considering the caveator's serious objections.

25 Apr 2019

The appeal arises from a testamentary dispute concerning the estate of Amardeep Singh Sujan Singh Chadha (the testator). The testator died on 5th Octo...

High Court

Bombay High Court Allows Appeal Setting Aside Probate Due to Suspicious Circumstances — Propounder Failed to Discharge Burden of Proof Under Section 63 of Indian Succession Act, 1925. The court found discrepancies in execution and the propounder's active role in making the will, which were not explained.

26 Jun 2013

The appeal arose from a judgment of a Learned Single Judge granting probate of an alleged will of Ramchandra Marutirao Sawant. The testator died on 1 ...

High Court

High Court of Karnataka Allows Appeal in Testamentary Suit Limitation Dispute — Order of Single Judge Dismissing Suit as Barred by Limitation Set Aside. Court Holds That Article 137 of Limitation Act, 1963 Applies to Testamentary Suits and Limitation Runs from Date of Knowledge of Will, Not from Date of Death of Testator.

12 Dec 2024

The appellant, Sri Nanjavudootha Swamiji, the Peethadhipathi of Gurugunda Bramheshwara Swamy Mutt, filed a Testamentary Original Suit No.1/2023 seekin...

High Court

Bombay High Court Dismisses Probate Petition in Will Dispute Due to Suspicious Circumstances and Failure to Prove Valid Execution. Will dated 17.12.1985 alleged to be executed by Joseph George Gomes was contested by caveators on grounds of undue influence and lack of testamentary capacity; court found that the propounder failed to dispel suspicious circumstances surrounding the will.

9 Nov 2006

The case concerns a testamentary petition filed by Nancy Joe Vaz (plaintiff) seeking letters of administration with the will annexed of her brother Jo...

High Court

Bombay High Court Dismisses Both Wills in Sibling Dispute Over Mother's Estate — Suspicious Circumstances and Unnatural Dispositions Lead to Rejection of Probate. Both Wills failed to prove due execution and testamentary capacity, with the court finding that the propounders did not dispel the cloud of suspicion surrounding the wills.

21 Sep 2010

The dispute in these two testamentary suits is between a brother and a sister, each claiming probate of a will allegedly executed by their mother. The...

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