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Search Results for "Will"

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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 Examination of Remaining Attesting Witness in Will Dispute — Trial Court's Rejection Set Aside. Court holds that permitting examination of available attesting witness facilitates effective adjudication of Will's validity and causes no prejudice to defendant.

7 Jul 2014

The petitioners (plaintiffs) filed an application (Exhibit 132) before the trial court seeking permission to examine Krishna Bhonde, who was an attest...

High Court

Bombay High Court Allows Appeal Against Order Dismissing Objections to Will Validity Under Portuguese Civil Code. Court Holds That Objections to Validity of Will on Ground of Nullity Under Article 2177 of Portuguese Civil Code Can Be Examined in Probate Proceedings.

2 Jul 2014

The appeal challenges an order dated 18.06.2008 whereby the objections raised by the appellants to the validity of the Will dated 18.09.1991 came to b...

High Court

Bombay High Court Grants Probate of Will and Codicil in Favor of Executors Despite Caveat by Son — Execution and Attestation Proved Under Section 63 of Indian Succession Act, 1925. The court held that the Will and Codicil were duly executed and attested, and the caveator's allegations of undue influence and lack of testamentary capacity were not substantiated.

11 Jun 2014

The plaintiffs, being three of the executors named in the last Will and Testament dated 16th June, 1999 and a Codicil dated 23rd July, 2001 of Sorabji...

High Court

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.

11 Jun 2014

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...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit Based on Will — Licensee Estopped from Denying Licensor's Title Under Section 116 of Indian Evidence Act, 1872. The court held that a licensee must surrender possession before challenging the licensor's title, and the Will dated 5.7.1991 was proved as a valid document of title.

4 Apr 2014

The case involves a dispute over possession of a suit property (Nazul plot No.18, Sheet No.7, admeasuring 235.09 sq. meters, with a double-storied bui...

High Court

High Court Dismisses Review Petition in Property Dispute Over Will — No Error Apparent on Face of Record. Review under Section 114 CPC read with Order 47 Rule 1 CPC cannot be used to re-argue the case or correct erroneous findings unless there is an error apparent on the face of the record.

18 Jan 2014

The applicants (original appellants) filed a review application under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908, seek...

Supreme Court

Supreme Court Upholds Will in Favor of Sister, Dismisses Challenge by Wife and Sons — Execution of Will Proved in Accordance with Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872. The Court held that the propounder of the Will had discharged the burden of proving its valid execution, and the concurrent findings of the courts below were not perverse.

30 Nov -0001

The present appeal arises from a challenge to the judgment of the High Court of Karnataka dismissing the appellants' Regular Second Appeal No. 1970 of...

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 Allows Appeal in Succession Act Case — Will Proved in Manner Required by Law. Court holds that a will executed by a Muslim testator is governed by the Indian Succession Act, 1925, and must be proved in accordance with Section 63(c) and Section 68 of the Evidence Act, 1872.

30 Nov -0001

The case involves a first appeal against the judgment and decree of the Civil Judge, Senior Division, Aurangabad, in Special Civil Suit No. 5 of 2000,...

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