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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 Karnataka Allows Appeal Against Rejection of Probate Petition Under Indian Succession Act — Registered Will of Unmarried Testator Upheld. Court holds that a registered Will cannot be rejected solely on ground of non-examination of attesting witnesses when the Will is proved by other evidence and no suspicious circumstances exist.

1 Feb 2024

The appellants, Sri M.R. Mohan Kumar, Sri Manjunath R., and Sri Anand G.K., filed a Miscellaneous First Appeal under Section 299 of the Indian Success...

Supreme Court

Supreme Court Allows Appeal in Probate Case, Reinstating District Court's Grant of Probate for Two Wills. The Court Held That Alleged Suspicious Circumstances, Including Exclusion of a Daughter and Delay in Probate, Were Insufficient to Invalidate the Wills Under the Indian Succession Act, 1925, Especially Given the Father's Attestation of the Mother's Will and Reference to It in His Registered Will.

30 Mar 2022

The dispute involved a probate proceeding concerning two Wills executed by a married couple, Mannar Reddiar and Adhilakshmiammal. The mother executed ...

High Court

Bombay High Court Allows Appeal in Testamentary Succession Case — Thumb Impression on Will Valid Despite Testator's Medical Condition. Court Grants Probate to Adopted Daughter as Will Duly Executed Under Section 63 of Indian Succession Act, 1925.

30 Aug 2018

The case involves an appeal against the dismissal of a probate petition by the learned Single Judge. The appellant, Sonali Arvind Nadkarni, is the ado...

High Court

Bombay High Court Dismisses Notice of Motion Seeking Recall of Orders Dismissing Caveats in Testamentary Proceeding; Finds Prior Order Granting Letters of Administration to Daughter as Sole Heir Without Probate Was Without Jurisdiction. Court Holds That Where Probate Petition Exists, Letters of Administration Cannot Be Granted Unless Probate Petition Is Dismissed After Trial or Default, and Testamentary Court Has No Discretion to Prefer One Over the Other Under Indian Succession Act, 1925.

18 Jul 2018

The dispute arose from the estate of deceased Balakrishna Ladhmal Chhabda, who died leaving a Will dated 28th September 2010 appointing executors and ...

High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Dispel Doubts. Court holds that propounders must prove due execution and testamentary capacity beyond suspicion, and failure to examine attesting witnesses or explain unnatural bequests leads to rejection of probate.

22 Feb 2018

The judgment concerns two testamentary proceedings: a Miscellaneous Petition No. 39 of 2004 in Testamentary Petition No. 233 of 2004 and a Testamentar...

High Court

High Court of Karnataka Dismisses Appeal Against Probate of Will — Will Proved to be Genuine and Executed in Sound Disposition of Mind. The court upheld the grant of probate under Section 276 of the Indian Succession Act, 1925, finding that the propounder had discharged the burden of proving the will's due execution and attestation.

20 Nov 2017

The Regular First Appeal was filed by the legal representatives of the deceased defendant in O.S. No. 4/2013 on the file of the Principal District and...

High Court

Bombay High Court Dismisses Caveat in Testamentary Suit for Lack of Caveatable Interest. Held that a caveator must have a direct interest in the estate of the deceased, and a mere relationship or expectation of inheritance does not constitute such interest under Section 283 of the Indian Succession Act, 1925.

8 Jul 2014

The judgment pertains to a testamentary suit arising from the Will of late Bharat Ladharam Asarpota, who died allegedly leaving a Will dated 15 June 1...

High Court

Bombay High Court Dismisses Petition Seeking Stay of Suit Pending Probate Proceeding — No Automatic Stay of Civil Suit Under Section 10 CPC When Probate Proceeding Is Not a Previously Instituted Suit

19 Mar 2013

The petitioner, Chandrashekhar Kashinath Patange, filed a writ petition challenging the order dated 6/7/2012 passed by the City Civil Court, Greater B...

High Court

Bombay High Court Allows Appeal in Probate Case, Holding Court Fee Payable on Probate Value Not Property Value. Interpretation of Section 29 read with Schedule I, Clause 10 of Bombay Court Fees Act, 1959 determines court fee on probate application based on value of estate as per will, not market value of property.

7 Apr 2011

The appellants filed Misc. Application No. 15/2002 for issuance of a Probate Certificate in respect of a Will dated 14.12.1992 executed by deceased Ga...

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