Search Results for "testamentary disposition"

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Search Results for "testamentary disposition"

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High Court

High Court of Karnataka Allows Partition Appeal in Hindu Succession Act Case — Daughter Entitled to Equal Share in Joint Family Property. Daughter's right to partition of ancestral property upheld under Section 6 of Hindu Succession Act, 1956, as amended in 2005, despite father's death during pendency of suit.

16 Jun 2026

The appellant, Smt. Usha N Swamy, filed a Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, again...

High Court

Gujarat High Court Allows Second Appeal in Will Dispute — Sets Aside Appellate Judgment for Failure to Consider Evidence on Testamentary Capacity. The Court holds that the First Appellate Court failed to independently assess evidence regarding the testator's mental capacity and the validity of the Will, and remands the matter for fresh consideration.

6 Feb 2026

The present second appeal arises from a dispute concerning the validity of a Will dated 15.04.1986 executed by Reshiabhai, the grandfather of appellan...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Upholds Trial Court's Refusal to Reopen Evidence. Court holds that the trial court did not err in rejecting application under Order 18 Rule 17 CPC for recalling witnesses, as the petitioners failed to demonstrate that the evidence sought to be adduced was not within their knowledge earlier.

14 Sep 2020

The case arises from a civil revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) by the petitioners (defendants in th...

High Court

Bombay High Court Allows Second Appeal in Land Transfer Case Due to Violation of Section 29(3)(a) of Maharashtra Land Revenue Code, 1966. Will Executed Without Prior Permission of Competent Authority for Class-II Occupancy Land Held Invalid.

20 Sep 2017

The case involves a second appeal by the original defendant, Sakharam Shrawan Bhise, against the judgment of the lower appellate court which confirmed...

High Court

Bombay High Court Allows Marking of Will in Testamentary Suit Despite Disputed Execution. Court holds that attesting witness's affidavit and oral evidence sufficiently prove due execution under Section 63 of the Indian Succession Act, 1925.

18 Oct 2013

The matter pertains to Testamentary Suit No. 46 of 1997 arising out of Testamentary Petition No. 308 of 1997 concerning the estate of Raju Muthaya She...

High Court

Bombay High Court Allows Motion to Strike Out Caveat Filed by Person Claiming Adverse Title in Probate Proceedings. Caveator Without Caveatable Interest Cannot Maintain Caveat Under Section 283 of Indian Succession Act, 1925.

2 Sep 2013

The petitioner, Ashokkumar Krishnakumar Shukla, as sole executor named in the last Will and testament of Krishnakumar, filed a probate petition in the...

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

Bombay High Court Dismisses Appeal Against Grant of Letters of Administration — Will Proved by Attesting Witness Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872. The Court Held That the Propounder Removed All Suspicious Circumstances and the Will Was Genuine.

7 Dec 2006

The appeal arose from a judgment of a single judge granting Letters of Administration to the respondent, Rakesh Phoolchand Jain, in respect of the las...

High Court

Bombay High Court Dismisses Appeal in Property Dispute — Will and Gift Deed Held Invalid. Court Held That the Will Was Not Proved Under Section 63 of the Indian Succession Act, 1925 and the Gift Deed Was Invalid for Lack of Acceptance and Registration Under Section 122 of the Transfer of Property Act, 1882.

30 Nov -0001

The case involves a dispute over a property located at Shanker Bhavan, French Bridge, Mumbai. The appellants, Shantaram Ganpat Gujar and Mrs. Kirti Sh...

High Court

Bombay High Court Dismisses Appeals in Land Dispute Involving Surplus Land and Tenancy Rights. Court upholds Single Judge's order confirming that land was not surplus and appellants were not entitled to restoration of possession under Maharashtra Land Revenue Code and Bombay Tenancy Act.

30 Nov -0001

The case involves three Letters Patent Appeals arising out of writ petitions decided by a Single Judge of the Bombay High Court at Nagpur. The appella...

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