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Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute, Declaring 1985 Document as Will, Not Gift. The Court Held That the Disposition Took Effect on Death, Not in Praesenti, Under Transfer of Property Act, 1882, and That the High Court Erred in Setting Aside Concurrent Findings Without a Substantial Question of Law Under Section 100 CPC.

24 Mar 2025

The appeal arose from a property dispute between siblings over a document executed by their father in 1985. The respondent, the daughter, filed a suit...

High Court

Bombay High Court Dismisses Petition for Letters of Administration for Lack of Territorial Jurisdiction — Amendment Sought to Include Properties Outside Jurisdiction Cannot Confer Jurisdiction. The court held that the High Court's testamentary jurisdiction under Section 300 of the Indian Succession Act, 1925 is limited to cases where the deceased had a fixed place of abode or left property within its ordinary original civil jurisdiction, and an amendment to add properties outside that jurisdiction cannot cure the defect.

12 Nov 2024

The judgment concerns two interim applications in a testamentary petition for grant of Letters of Administration. The petitioner, Uday Sharad Kulkarni...

Supreme Court

Supreme Court Dismisses Union of India's Appeal in Land Grabbing Case Due to Application of Res Judicata. Prior Civil Court Decree Conclusively Determined Title and Possession, Barring Re-litigation Under Section 8 of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

27 Aug 2021

The dispute originated from an application filed by the legal heirs of S.V. Srinivasulu Naidu under Section 8 of the Andhra Pradesh Land Grabbing (Pro...

High Court

Bombay High Court Dismisses Petition for Revocation of Probate in Succession Act Case — No Grounds Made Out Under Section 263 of Indian Succession Act, 1925. Court held that mere allegations of fraud or suppression without evidence are insufficient to revoke probate granted after due citation.

25 Jan 2019

The petitioner, Ramprakash Jugilal Podar, brother of the deceased Tejpal Jugilal Podar, filed a petition under Section 263 of the Indian Succession Ac...

High Court

Bombay High Court Dismisses Notice of Motion Seeking Recall of Orders Dismissing Caveats in Testamentary Proceeding; Finds Prior Order Granting Letters of Administration to Daughter as Sole Heir Without Probate Was Without Jurisdiction. Court Holds That Where Probate Petition Exists, Letters of Administration Cannot Be Granted Unless Probate Petition Is Dismissed After Trial or Default, and Testamentary Court Has No Discretion to Prefer One Over the Other Under Indian Succession Act, 1925.

18 Jul 2018

The dispute arose from the estate of deceased Balakrishna Ladhmal Chhabda, who died leaving a Will dated 28th September 2010 appointing executors and ...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Impleadment in Testamentary Suit — Appellants Fail to Establish Caveatable Interest. The Court held that mere purchasers of property from a legatee under a Will, prior to grant of probate, cannot claim a caveatable interest in the probate proceedings as they are neither heirs nor legal representatives of the deceased.

11 Sep 2015

The appeal arises from a judgment and order dated 10th June 2013 passed by a learned Single Judge of the Bombay High Court, dismissing Chamber Summons...

High Court

KAHC010792792011_1

18 Dec 2014

Background: The dispute centered around two agricultural lands in Kenchanahalli village originally owned by one Siddagirigowda. His first wife Thopamm...

High Court

Bombay High Court Allows Expungement of Irrelevant Portions from Affidavit of Examination-in-Chief in Testamentary Suit — Irrelevant and Prejudicial Statements Struck Out to Ensure Fair Trial. The court held that portions of an affidavit that are not relevant to the issues in the suit and are likely to prejudice the trial must be expunged under the Indian Evidence Act, 1872.

10 Jun 2014

The applicant, Mrs. Mahabanoo Navroz Kotwal, filed a testamentary petition for probate of the alleged last Will and Testament of Nergish Keki Cassad, ...

High Court

Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

20 Dec 2013

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

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...

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