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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Suit Challenging Transfer of Flat by Executors Before Probate. The court set aside the trial court's order appointing a Receiver and remanded the matter for fresh consideration of balance of convenience.

The appeals arose from an order dated 13 March 2014 of the learned Trial Judge in a notice of motion taken out by the plaintiffs in a suit seeking to ...

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Karnataka High Court Allows Partition Appeal by Divided Son in Hindu Joint Family Property Dispute. Son who separated from father prior to 1956 is entitled to share in ancestral property as per Mitakshara law and Hindu Succession Act, 1956.

The case involves two regular first appeals (RFA No.100007/2014 and RFA No.100028/2014) arising from a common judgment and decree dated 25.10.2013 pas...

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Supreme Court Dismisses Appeal Against Rejection of Revocation of Letters of Administration in Ancillary Grant Case. Limitation for Revocation Application Runs from Date of Grant, Not Knowledge, Under Article 137 of Limitation Act, 1963.

The case involves an appeal by Ramesh Nivrutti Bhagwat against the Bombay High Court's decision affirming the rejection of his application for revocat...

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Bombay High Court Dismisses Suit Challenging Will of Deceased as Probate Granted by Dubai Court is Conclusive Under Section 41 of Indian Evidence Act. Mother's challenge to will fails as foreign probate is binding on Indian courts regarding validity and execution of will.

The plaintiff, Dr. Devika Damji Shah, mother of the deceased Dr. Mukesh Ramji Shah, filed a suit seeking a declaration that the will of the deceased d...

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Bombay High Court Upholds Daughter's Right to Coparcenary Share Under Amended Section 6 of Hindu Succession Act Despite Father's Death Before 1956 Act. Daughter Granted 1/4th Share in Suit Property as Amendment is Retrospective and Confers Coparcenary Rights from Birth.

The case involves a second appeal before the Bombay High Court challenging the judgments of the trial court and the first appellate court in a partiti...

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Supreme Court Dismisses Appeals of Beneficiaries of Wakf Estate in Wealth Tax Matter, Upholding Assessment as 'Asset'. Right to Receive Income Share from Wakf-alal-aulad is Property Assessable Under Section 2(e) of Wealth Tax Act, 1957.

The Supreme Court of India heard appeals by the beneficiaries of a wakf-alal-aulad against the inclusion of their right to receive a share of the net ...

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Bombay High Court Dismisses Review Petition in Administration Suit Involving Will of Muslim Deceased Married Under Special Marriage Act. Court Holds That Marriage Registration Under Special Marriage Act Attracts Indian Succession Act, Removing Muslim Personal Law Restrictions on Testamentary Disposition.

The plaintiffs filed a Review Petition No. 41 of 2010 seeking review of an order dated 14th October 2010 passed in Notice of Motion No. 2974 of 2008 i...

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High Court of Judicature at Bombay Examines Repugnancy Between Section 28A of Bombay Civil Courts Act, 1869 and Section 299 of Indian Succession Act, 1925. Petitioner Contends That District Court Lacked Jurisdiction to Hear Appeal from Probate Revocation.

The writ petition was filed by Smt. Nola Jonathan Ranbhise before the High Court of Judicature at Bombay, challenging the constitutional validity of S...