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Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...

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Bombay High Court Allows Second Appeal in Property Dispute Over Will Validity — Sets Aside Concurrent Findings of Courts Below. Court Holds That Plaintiffs Failed to Prove Title by Succession and That Will Executed in Favour of Defendant's Predecessor Was Genuine.

The case involves a second appeal arising from a property dispute concerning three agricultural lands (Gat Nos. 57, 58 and 59) situated at village Mur...

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Bombay High Court Allows Partition Appeal for Widow Under Hindu Women's Right to Property Act, 1937 — Half Share Upheld Despite Pre-1956 Death. Court holds that Section 3(2) of the 1937 Act creates a widow's interest in her husband's property, which is not extinguished by subsequent events.

The case involves a second appeal by the legal representatives of the original plaintiff Chandrabai, who filed a suit for partition and separate posse...

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Bombay High Court Allows Writ Petition Challenging Legal Heirship Certificate Granted Ex-Parte Under Bombay Regulation VIII of 1827. Failure to Allow Cross-Examination and Lead Evidence Violates Natural Justice — Matter Remanded for Fresh Consideration.

The petitioners, who are the widow and children of the deceased Babarao Dhawangale, challenged the orders of the 3rd Joint Civil Judge, SD, Nagpur dat...

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Bombay High Court Grants Probate of Will in Favor of Grandson Despite Forgery Allegations by Son. Court Holds That Propounder Proved Due Execution and Attestation Under Section 63 of Indian Succession Act, 1925, and Caveator Failed to Prove Forgery.

The plaintiff, Hoshang Pesi Hodiwala, the grandson of the deceased B.M. Bhathena, filed a testamentary suit seeking probate of a will dated 27th Novem...

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Bombay High Court Dismisses Second Appeal in Property Possession Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Sale Deed of 1948 Establishes Plaintiff's Title; Defendant's Claim of Adverse Possession Fails for Lack of Evidence.

The present second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the original defendant, Tulsiram S/o Laxman Bajad,...

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Bombay High Court Dismisses Probate Petition for Will Allegedly Executed Under Undue Influence and Suspicious Circumstances. Will dated 21st August 1997 of Vivien Theresa Vaz held not proved due to lack of testamentary capacity and failure to dispel suspicion regarding execution.

The case concerns a probate petition filed by Mirzban Darabshaw Surti, claiming to be the sole executor of the last Will and Testament of Vivien There...

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Bombay High Court Allows Writ Petition in Land Acquisition Case — Compensation Enhanced Due to Inadequate Market Value Assessment. Court Held That Reference Court Erred in Not Considering Comparable Sale Instances and Potential Value of Land for Development Under Land Acquisition Act, 1894.

The case pertains to a writ petition filed by the legal representatives of the original claimant, Sahadeo Mahadik, challenging the judgment and award ...