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Search Results for "Will"

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High Court

High Court of Karnataka Allows Writ Petitions in Succession Dispute Over Will Execution — Court Sets Aside Trial Court Order Dismissing Application for DNA Test of Will Executant. The Court Held That When Execution of a Will is Disputed on Grounds of Forgery or Fraud, DNA Profiling of the Testator May Be Ordered to Ascertain Genuineness Under Section 45 of the Indian Evidence Act, 1872.

24 Apr 2026

The case involves two writ petitions filed by Mrs. Shruti Sood alias Shruti Banerji, the widow of Late Amit Banerji, against her mother-in-law Mrs. Sa...

High Court

Bombay High Court Allows Civil Revision Application in Property Dispute Over Succession Certificate — Held That Succession Certificate Is Not Necessary for Claiming Title by Adverse Possession or Will. The court clarified that a succession certificate under the Indian Succession Act, 1925 is not a prerequisite for filing a suit for declaration of title based on a Will or adverse possession, and that the Civil Court has jurisdiction to decide such matters.

14 Nov 2025

The case involves two cross civil revision applications arising from a property dispute between Maharukh Mediomah Patel (applicant in CRA/64/2021) and...

High Court

High Court of Karnataka Dismisses Appeal in Succession Act Case — Will Not Duly Executed as Per Section 63 of Indian Succession Act, 1925. Propounder Failed to Prove Execution and Attestation Requirements, Leading to Dismissal of Probate Petition.

8 Sep 2023

The case involves an appeal filed by Mrs. Eulalia Sequeira Nee Menezes against the dismissal of her petition for probate of a Will dated 06.08.1993 al...

High Court

High Court of Bombay at Goa Allows Appeal in Property Dispute — Will Partially Valid Under Portuguese Civil Code. Testamentary Succession by Bachelor Not Subject to Disposable Quota; Will Disposing More Than Testator's Share Is Not Wholly Void but Restricted to His Share.

31 Jan 2014

The case involves a second appeal arising from a suit filed by the original plaintiff (since deceased, represented by legal heirs) against the appella...

High Court

Bombay High Court Grants Injunction Against Alienation of Property in Will Dispute Between Son and Father. Son, as sole beneficiary under mother's will, entitled to interim protection of estate pending administration.

18 Jan 2014

The plaintiff, Uday Narendra Shah, filed a suit seeking administration of the estate of his deceased mother, Jayamati Narendra Shah, who died on 10 Ju...

High Court

Bombay High Court Allows Appeal in Partition Suit — Holds That a Will Bequeathing Property to a Daughter Does Not Confer Title Unless She Is in Possession and That Adverse Possession Must Be Pleaded and Proved. The court decreed partition of ancestral property in favour of co-owners, rejecting the claim of adverse possession by the respondents.

18 Dec 2006

The case involves a dispute over partition of ancestral property. The appellants, original plaintiffs, filed a suit for partition and separate possess...

High Court

Bombay High Court Dismisses Appeal Against Grant of Letters of Administration — Will Proved by Attesting Witness Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872. The Court Held That the Propounder Removed All Suspicious Circumstances and the Will Was Genuine.

7 Dec 2006

The appeal arose from a judgment of a single judge granting Letters of Administration to the respondent, Rakesh Phoolchand Jain, in respect of the las...

High Court

Bombay High Court Dismisses Probate Petition in Will Dispute Due to Suspicious Circumstances and Failure to Prove Valid Execution. Will dated 17.12.1985 alleged to be executed by Joseph George Gomes was contested by caveators on grounds of undue influence and lack of testamentary capacity; court found that the propounder failed to dispel suspicious circumstances surrounding the will.

9 Nov 2006

The case concerns a testamentary petition filed by Nancy Joe Vaz (plaintiff) seeking letters of administration with the will annexed of her brother Jo...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Will Not Proved. The appellate court's decree granting half share to the widow was upheld as the Will (Exh.-65) was not duly executed and attested under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872.

17 Jul 2006

The original plaintiff Kisnabai filed a suit for partition and separate possession of agricultural land Survey No. 17/1 at Alampur, admeasuring 3 Acre...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Will Proved Under Section 68 of Indian Evidence Act, 1872. Daughter's claim for share as heir fails as Will Exh.-44 is held duly executed and attested.

17 Jul 2006

The appellant, Kasturibai w/o Dadarao Wankhade, filed a second appeal challenging the concurrent judgments of the trial court and first appellate cour...

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