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Search Results for "testamentary trust"

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High Court

Bombay High Court Appoints Court Receiver as Administrator Pendente Lite in Testamentary Suit Due to Executor's Incarceration and Risk to Estate. The court held that under Section 247 of the Indian Succession Act, 1925, an administrator pendente lite can be appointed when the executor is unable to act, to preserve the estate pending determination of the suit.

3 Oct 2024

The dispute arises from the estate of Timothy D'Souza, who died on 7 April 2003. The plaintiff, Lalit D'Souza, propounded a Will dated 14 March 2003 a...

High Court

High Court of Judicature at Bombay Adjudicates Petition Seeking Removal of Executors for Alleged Misconduct and Conflict of Interest in Administration of Estate. Court Hears Submissions on Allegations of Illegal Occupation and Misappropriation of Bequeathed Property.

11 Oct 2013

Background: The dispute arose from the administration of the estate of Ramanlal Gokal, who died on 22nd March 2007 leaving a will dated 25th January 2...

High Court

Bombay High Court Dismisses Petition for Removal of Executors in Testamentary Matter Due to No Evidence of Malfeasance and Adequate Administration. Court Rules That Executors’ Gratuitous Duties Under Section 301 Indian Succession Act, 1925 Cannot Be Undermined by Impatient Beneficiaries; Complex Estates Require Reasonable Time for Completion of Administration.

18 Apr 2011

The testamentary petition arose from the will of Ursula Dara Mistry, who died on 21 June 2007 leaving a will dated 7 February 2004 and codicil dated 2...

High Court

Bombay High Court Adjudicates Testamentary Suit Over Letters of Administration of Intestate Estate. Heirs' rights to apply for administration and valuation of deceased's partnership interest were contested, with caveator's objection not withdrawn despite release deed.

30 Mar 2015

The proceedings concerned a petition for Letters of Administration to the estate of Shankarrao H. Parelkar, who died intestate on 8 November 1979. He ...

High Court

Bombay High Court Dismisses Widow's Claim Over Shares in Favor of Nominee Under Section 109A Companies Act — Nomination Confers Beneficial Ownership on Nominee to the Exclusion of Legal Heirs

20 Apr 2010

The plaintiff, Harsha Nitin Kokate, married Nitin Kokate on 3 December 2004. Her husband expired on 5 July 2007. Nitin Kokate held shares in a demat a...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Plaint Rejection Application in Testamentary Case Under Section 228 of Indian Succession Act — Limitation Not Applicable to First Petition for Letters of Administration in India Despite Prior Foreign Probate

29 Apr 2019

The Supreme Court dismissed an appeal against the High Court's refusal to reject a plaint under Order VII Rule 11 CPC in a testamentary case. The disp...

Supreme Court

Supreme Court Allows Probate Appeal in Succession Matter: Limitation Not a Bar to Probate Application Under Indian Succession Act, 1925. The right to apply for probate is a continuing right and Article 137 of Limitation Act, 1963 does not bar an application filed within a reasonable time after the testator's death.

1 Jan 2026

The appeal arises from a probate application filed by Bhudeo Prasad Singh for the probate of a Will dated 15th April 1995 executed by Shrilal Singhani...

High Court

Bombay High Court Dismisses Partition Suit by Second Wife Against Stepchildren — Agreement of 1989 Bars Claim to Deceased Husband's Properties. Court Holds That Plaintiff Voluntarily Relinquished Rights to Movable and Immovable Properties of Sureshchandra Jhaveri by Agreement Dated 03.05.1989, Which Was Not Vitiated by Coercion or Misrepresentation, and That Properties in Exhibit-A Were Not Self-Acquired Properties of Deceased.

10 Jun 2024

The Plaintiff, the second wife of Sureshchandra Jhaveri, filed a suit seeking a declaration of her one-fourth share in the suit properties described i...

High Court

Bombay High Court Allows Trust's Writ Petition Challenging Denial of Exemption Under Section 10(23C)(vi) of Income Tax Act, 1961. Educational Trust Running American School of Bombay Held Eligible for Exemption Despite Being a Foreign Educational Institution.

9 Mar 2023

The petitioners, trustees of the American School of Bombay Education Trust, filed a writ petition challenging the order of the Director General of Inc...

High Court

KAHC010480352008_1

10 Aug 2018

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