Search Results for "Indian Succession Act"

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Search Results for "Indian Succession Act"

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Supreme Court

Supreme Court Allows Appeals in Testamentary Succession Dispute Over Estate of Purvez Burjor Dalal — Court-Monitored Criminal Investigation Quashed as Civil Court Lacks Inherent Power to Order Investigation Under Section 482 CrPC. The Court held that a civil court, in a testamentary proceeding under the Indian Succession Act, 1925, cannot direct a court-monitored criminal investigation, as such power is not available to a civil court under the Code of Criminal Procedure, 1973.

1 Jan 2026

The present appeals arise out of a common final judgment and order dated July 16, 2024, passed by the Division Bench of the High Court of Judicature a...

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

Court Rejects Caveat in Probate Case Involving Family Property Dispute. Caveator's claim deemed contingent and insufficient to establish caveatable interest, clearing the way for Probate of Will.

4 Jul 2024

The petitioner seeks to reject a Caveat filed by Mr. Pramod Kumar Makharia in the matter of granting Probate for the Will of the deceased Dhruva Kumar...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Probate in Will Dispute — Probate Court's Jurisdiction Limited to Testamentary Validity, Not Title or Succession. Court held that probate proceedings are not the appropriate forum to adjudicate disputes over title or entitlement to property, and the probate court's role is confined to determining the validity and execution of the will.

26 Apr 2019

The appellant, Smt. Kamal Mahaling Patil, filed an application under Section 276 of the Indian Succession Act, 1925, seeking probate of a will dated 1...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Between Siblings — Daughter Held Entitled to Share in Ancestral Property Under Hindu Succession Act, 1956. Court clarifies that daughter's right to inherit from father dying in 1944 is governed by the Hindu Succession Act, 1956, and not by pre-1956 customary law, as the Act applies retrospectively for succession opening after its commencement.

1 Apr 2019

The case involves a dispute between a brother (defendant/appellant) and his sister (plaintiff/respondent) over ancestral agricultural land. Their fath...

High Court

High Court of Karnataka Allows Writ Petition Challenging Rejection of Probate Application Under Section 276 of Indian Succession Act, 1925 — Trial Court Directed to Consider Application on Merits Without Insisting on Valuation of Immovable Properties

19 Mar 2019

The petitioners, who are the legal heirs of deceased B.M. Chandregowda, filed a probate application under Section 276 of the Indian Succession Act, 19...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Probate Application Under Section 276 of Indian Succession Act, 1925 — Non-Compliance with Court Directions Leads to Dismissal. Petitioners failed to produce original Will and other documents as directed by the District Judge, resulting in dismissal of probate petition.

19 Mar 2019

The petitioners, who are the legal heirs of the deceased B.M.Chandregowda, filed a petition under Section 276 of the Indian Succession Act, 1925, befo...

High Court

Bombay High Court Allows Appeal Against District Court's Rejection of Succession Certificate Application as Not Maintainable. Appeal Under Section 384 of Indian Succession Act, 1925 Lies to High Court, Not District Court.

12 Feb 2018

The appellants, legal heirs of Pandurang Wanjari, filed an application for a succession certificate before the Civil Judge Senior Division, which was ...

High Court

Bombay High Court Allows Revision Against Appellate Order in Succession Act Case — Remands for Fresh Consideration of Application Under Section 383 of Indian Succession Act, 1925. Appellate Court's Failure to Consider Evidence and Give Reasons Constitutes Material Irregularity Under Section 115 CPC.

26 Nov 2015

The petitioners, Beersing Charan Karosiya, Kisan Charan Karosiya, and Ranjeet Charan Karosiya, filed a Civil Revision Application under Section 115 of...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title Over Disputed Property.

30 Nov -0001

The appellant, Leelavati Baburao Chaudhari, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and dec...

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