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Search Results for "testamentary suit"

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High Court

Bombay High Court Dismisses Pre-emption Claim Under Section 22 of Hindu Succession Act, 1956 — Testamentary Succession Bars Intestate Right. Property Devolution by Will Excludes Statutory Right of Pre-emption as Section 22 Applies Only to Intestate Property.

25 Oct 2024

The case involves a dispute over a suit property (Plot No.21, Laxmi Nagar, Nagpur) originally purchased by late Kashinath Subhedar in the name of his ...

High Court

High Court of Karnataka Quashes Dismissal of Final Decree Petition for Default in Partition Suit. Final decree proceedings cannot be dismissed under Order IX Rule 8 CPC as they are a continuation of the suit and must be decided on merits.

28 Jun 2024

The petitioners, who were plaintiffs in a suit for partition and separate possession, obtained a preliminary decree. Subsequently, they filed a final ...

High Court

Bombay High Court Dismisses Landlord's Challenge to Amendment in Tenancy Declaratory Suit — Allows Impleadment of Legal Heirs and Alternative Plea Under Section 7(15)(d) of Maharashtra Rent Control Act. The Court held that the amendment did not introduce a new case and that the proposed defendants were necessary parties for effective adjudication of tenancy rights.

19 Jun 2024

The present Writ Petition was filed by the landlord (Petitioner No.1 - Club) challenging the order dated 1 August 2019 passed by the Court of Small Ca...

High Court

Bombay High Court Grants Probate of Will in Favor of Executor Despite Challenge by Caveator Claiming Earlier Will. Court Upholds Validity of Later Will Executed in Hospital, Finds No Suspicious Circumstances.

16 Jul 2019

The case concerns a probate petition filed by Prakash Sunderdas Aswani, the sole executor named in the last Will of Pushpa Thakurdas Aswani dated 18th...

High Court

Bombay High Court Grants Probate to Executor in Will Dispute, Upholds Execution and Dismisses Caveat for Lack of Proof of Undue Influence. The court held that the propounder of the Will had discharged the burden of proving due execution and testamentary capacity, and the caveator failed to establish suspicious circumstances or undue influence.

16 Jan 2019

The plaintiff, The Maharashtra Executor And Trustees Co. Ltd., filed a testamentary petition seeking probate of the last Will and Testament dated 22nd...

High Court

Bombay High Court Dismisses Chamber Summons for Rejection of Plaint in Testamentary Suit — No Cause of Action for Revocation of Probate. Allegations of non-disclosure of assets and suppression of facts do not constitute fraud under Section 263 of the Indian Succession Act, 1925, and the plaint cannot be rejected under Order VII Rule 11 CPC.

3 Jul 2017

The case involves a Chamber Summons filed by the original defendants (Howard Miranda, Roy Miranda, Arlene Miranda, and Ginnette Fernandes) in a Testam...

High Court

Bombay High Court Grants Probate of Will in Favor of Executor Despite Allegations of Suspicious Circumstances. Will executed by testatrix with firm signature and solicitor-drafted formality upheld as valid under Section 63 of Indian Succession Act, 1925.

23 Jun 2016

The plaintiff, Chittaranjan N. Negandhi, sought probate of a Will dated 24th May 1973 left by his mother, Bhanumati Narottamdas Chapsi. Bhanumati died...

High Court

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.

23 Jun 2016

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

High Court

Bombay High Court Dismisses Application for Condonation of Delay in Filing Caveat in Probate Proceedings — Delay of 140 Days Not Sufficiently Explained. Court Held That Awareness of Proceedings and Legal Advice Negated Claim of Ignorance, and Delay Was Not Condoned Under Section 5 of Limitation Act, 1963.

17 Feb 2014

The judgment concerns a Chamber Summons filed by the applicants (caveators) seeking condonation of a 140-day delay in filing a caveat and affidavit in...

High Court

Bombay High Court Dismisses Application for Impleadment in Probate Suit for Will of Bal Keshav Thackeray — Applicants Lack Caveatable Interest as They Are Not Heirs or Beneficiaries Under the Will. The court held that only persons with a direct legal interest in the succession, such as heirs or beneficiaries, have locus standi to be impleaded in probate proceedings under Section 283 of the Indian Succession Act, 1925.

30 Nov -0001

The case concerns a Notice of Motion filed by five applicants seeking to be impleaded as defendants in a Testamentary Suit for probate of the last wil...

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