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Bombay High Court Allows Heir to Join Testamentary Suits as Party-Defendant in Will Dispute. Daughter of Predeceased Brother Held to Have Sufficient Interest in Estate of Testator Without Children.

The judgment concerns two Chamber Summonses filed by Jyotsna Rasiklal Maniar, who claims to be the daughter of Prabhudas Chaganlal Mehta, the predecea...

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Bombay High Court Dismisses Probate Petition for Will Dated 1988 Due to Suspicious Circumstances and Failure to Prove Genuine Execution. Court holds that propounder must dispel all suspicions surrounding the will, including unnatural disposition and lack of independent evidence.

The case concerns a testamentary suit filed by Suresh Hemmady, the executor under the will of Mira R. Nadkarni, seeking probate of the will dated 15th...

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Bombay High Court Allows Application to Reject Caveat in Probate Petition for Lack of Caveatable Interest. Brother of Deceased Cannot Oppose Grant of Probate Based on Adverse Title Claim to Subject Property.

The petitioner, the nephew and sole executor of the deceased Dhruva Kumar Makharia, filed a petition for grant of Probate of the deceased's Will dated...

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Bombay High Court Considers Restitution Plea in Testamentary Proceedings. Alleged Fraudulent Consent Terms Discharge Court Receiver Without Court Order; Applicants Seek Possession Restored.

The dispute arose from the estate of Shalini Devi Ghatge, who died on 12.08.1982 leaving two wills. One will dated 06.01.1982 was propounded by the ex...

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Bombay High Court Grants Probate of Will in Testamentary Suit, Upholds Execution Despite Handwritten Additions and Suspicious Circumstances. Propounders Discharged Burden of Proof Under Section 63 of Indian Succession Act, 1925 by Examining Attesting Witness and Explaining Circumstances.

The plaintiffs, Kirit N. Damania and Shantaram V. Pikale, executors named in the Will of Shashikala Baburao Alandkar, sought probate of the Will dated...

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Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

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High Court of Bombay Reconsiders Refusal to Grant Letters of Administration in Mother's Will Dispute. Single Judge Found Suspicious Circumstances; Division Bench Earlier Allowed Appeal but Supreme Court Remanded for Fresh Adjudication.

This matter involves a testamentary suit where the appellant, Myra Philomena Collaco, sought Letters of Administration with the Will dated 7 July 1982...