Search Results for "Sound Disposing Mind"

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Search Results for "Sound Disposing Mind"

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Supreme Court

Supreme Court Allows Appeal in Will Dispute — Interprets 'By the Direction of the Testator' Liberally Under Section 63(c) of Indian Succession Act, 1925. The Court held that attestation does not require explicit statement of direction; substantial compliance suffices if witness signs in testator's presence and testator's signature is acknowledged.

2 Jan 2025

The appeal arose from a dispute over the validity of a Will executed by Sanjhi Ram on 7th November 2005, who died the next day. The Will bequeathed hi...

High Court

High Court of Karnataka Dismisses Appeal Against Revocation of Probate — Will Execution Found Suspicious Due to Unnatural Circumstances and Lack of Proper Proof of Attestation Under Section 63 of Indian Succession Act, 1925. The court upheld the revocation of probate granted ex parte as the propounder failed to prove due execution and remove suspicious circumstances.

29 Nov 2024

The appellant, H Srinivas Rao, filed a Miscellaneous First Appeal under Section 384 of the Indian Succession Act, 1925, challenging the order dated 15...

High Court

High Court of Karnataka Dismisses Appeal Against Revocation of Probate in Succession Case — Failure to Implead All Heirs Renders Probate Voidable Under Section 263 of Indian Succession Act, 1925.

29 Nov 2024

The appellant, H Srinivas Rao, filed a Miscellaneous First Appeal under Section 384 of the Indian Succession Act, 1925, challenging the order dated 15...

High Court

Bombay High Court Quashes Provisional Attachment and Orders Stay of Recovery in Income Tax Case — Violation of Natural Justice and Non-Compliance with CBDT Circular. The Assessing Officer's failure to record reasons and provide hearing under Section 281B, and ignoring CBDT Circular on stay of demand, led to setting aside of attachment and recovery proceedings.

26 Mar 2019

The Petitioner, Milestone Real Estate Fund, a trust, challenged the provisional attachment order dated 18.12.2018 under Section 281B of the Income Tax...

High Court

High Court of Karnataka Dismisses Appeal Against Probate of Will in Succession Act Case — Upholds Will Execution Due to Lack of Suspicious Circumstances. The court held that the propounder of a Will need not prove the testamentary capacity of the testator beyond reasonable doubt, but only on a preponderance of probabilities, and that the Will was duly executed and attested.

24 Jan 2018

The case pertains to an appeal filed by Laxman Hanchinamani against the order of the Principal District Judge, Belagavi, granting probate of a Will da...

High Court

Bombay High Court Dismisses Appeal Against Probate Granted to Executors of Will — Will Proved in Manner Required by Section 63 of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872

8 Aug 2014

The appeal arose from a probate proceeding concerning the Will of Purvez Burjor Dalal, a Parsi who died on 7th December 2011. The appellant, Manek Dar...

High Court

Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

23 Aug 2013

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

High Court

Bombay High Court Dismisses Caveat in Probate Case Due to Lack of Caveatable Interest. Attesting Witness's Son Cannot Challenge Will When Father Had Attested It Voluntarily.

16 Jul 2013

The case involves a probate petition filed by the executors of the last Will and testament of Khimjee Thakkar, a bachelor. The Will was attested by Ba...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Due to Non-Compliance with Order 41 Rule 31 CPC. Lower Appellate Court Failed to Frame Points for Determination and Provide Adequate Reasoning, Remanding Matter for Fresh Disposal.

12 Jul 2013

The respondent filed Regular Civil Suit No. 19/2000 seeking mandatory injunction directing the appellants to demolish a portion of a compound wall con...

High Court

Bombay High Court Dismisses Probate Petition for Will Allegedly Procured by Undue Influence and Coercion. Will dated 28.04.1977 of Shakuntala Bhansali held not validly executed due to suspicious circumstances and lack of free volition.

31 Aug 2012

The plaintiff, Panna Atmaram Bhansali, one of the daughters of the deceased Shakuntala Mansen Damodardas Bhansali, filed a testamentary petition seeki...

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