Search Results for "probate proceeding"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
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Search Results for "probate proceeding"

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High Court

Bombay High Court Allows Probate Petition for Will of Deceased Couple Despite Caveat by Daughter-in-Law. Court holds that caveator lacks locus standi to oppose probate as she is not a legal heir under Indian Succession Act, 1925.

3 Sep 2025

The petitioner, Rhea Parthasarthy, filed a petition for probate of the Will of her deceased parents, Ravi Parthasarathy and Dr. (Mrs.) Vishpala Partha...

High Court

High Court of Karnataka Allows Appeal in Testamentary Suit Limitation Dispute — Order of Single Judge Dismissing Suit as Barred by Limitation Set Aside. Court Holds That Article 137 of Limitation Act, 1963 Applies to Testamentary Suits and Limitation Runs from Date of Knowledge of Will, Not from Date of Death of Testator.

12 Dec 2024

The appellant, Sri Nanjavudootha Swamiji, the Peethadhipathi of Gurugunda Bramheshwara Swamy Mutt, filed a Testamentary Original Suit No.1/2023 seekin...

High Court

Bombay High Court Dismisses Appeal Against Substitution of Plaintiffs in Property Suit Based on Will. Substitution of Legal Representatives Under Order 22 Rule 3 CPC Does Not Change Nature of Suit Even If Claim Is Through a Will and Involves Transposition of a Defendant.

26 Aug 2024

The appeal arose from a property dispute among family members of Late Haji Israr Alam Siddiqui. The appellant, Mujibur Rehman, is one of the sons of t...

High Court

High Court of Karnataka Quashes BBMP Rejection of Katha Change Based on Will — Property Transfer by Will Requires Mutation Entry Without Succession Certificate. The court held that a Will is a valid testamentary document and the BBMP cannot insist on a succession certificate or probate for change of katha when the Will is not disputed.

2 Jul 2024

The petitioner, Rupa B.P., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 26.05.2018 i...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

8 Jan 2020

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

High Court

Bombay High Court Allows Impleadment of Beneficiary in Probate Revocation Petition — Natural Justice Requires Hearing for Affected Parties. The court held that a beneficiary under a Will is a necessary and proper party to a revocation petition as their rights would be directly affected by the revocation of probate.

9 Jul 2013

The Bombay High Court allowed a Chamber Summons filed by Pradeep Manek Shahani seeking his impleadment as respondent no.2 in Misc. Petition No. 87 of ...

High Court

Bombay High Court Allows Revision Against Order Rejecting Caveat in Probate Proceedings — Daughter of Testator Held Entitled to Lodge Caveat Under Section 283 of Indian Succession Act, 1925. The court held that a daughter, being a Class I heir under Hindu Succession Act, 1956, has sufficient interest in the estate to oppose probate.

5 May 2011

The petitioner, Gayabai Hemlal Jadhav, is the daughter of the deceased Baburao Zendu Chavan. Respondent No.1, Hiraman Rama Chavan, filed a Probate App...

High Court

Bombay High Court Allows Interim Orders in Testamentary Suit Under Section 268 of Indian Succession Act, 1925. Court holds that Section 141 CPC confers power to protect estate property pending grant of letters of administration.

29 Aug 2006

The Plaintiff, Rupali Mehta, filed Petition No.378 of 2005 seeking letters of administration with the Will annexed in respect of the estate of Captain...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to Treat Probate Proceedings as Suit. Section 295 of Indian Succession Act, 1925 does not mandate automatic conversion of contentious probate proceedings into a suit; District Judge's discretion upheld.

20 Sep 2005

The petitioners, who were opponents in Civil Miscellaneous Application No. 102/03 filed by respondents 1 to 3 under Section 276 of the Indian Successi...

High Court

Bombay High Court Dismisses Petition Challenging Will Probate in Succession Act Case — No Interference with Concurrent Findings of Fact by Courts Below. The court upheld the validity of a Will executed by an 85-year-old testator, finding that the propounder had dispelled suspicious circumstances by examining attesting witnesses and the scribe under Section 63 of the Indian Succession Act, 1925.

30 Nov -0001

The petitioners, who were the original defendants in a probate proceeding, challenged the grant of probate of a Will executed by the testator, Smt. In...

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