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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.

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

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Bombay High Court Dismisses Appeal Against Grant of Probate — Secondary Evidence of Will Held Admissible Despite Non-Production of Original. Attestation Proved Through Scribe's Son and Attesting Witness's Daughter; Delay and Exclusion of Heirs Not Suspicious.

The present appeal was filed under Section 96 read with Order 41 of the Code of Civil Procedure, 1908 by the original Opponents against the judgment d...

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Bombay High Court Dismisses Petition for Revocation of Probate in Succession Act Case — No Grounds Made Out Under Section 263 of Indian Succession Act, 1925. Court held that mere allegations of fraud or suppression without evidence are insufficient to revoke probate granted after due citation.

The petitioner, Ramprakash Jugilal Podar, brother of the deceased Tejpal Jugilal Podar, filed a petition under Section 263 of the Indian Succession Ac...

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Bombay High Court Upholds Validity of Section 28A(1) of Maharashtra Civil Courts Act, 1869 in Probate Reference. Section 28A(1) is not inconsistent with Indian Succession Act, 1925, and Civil Judges can be invested with probate jurisdiction.

This judgment arises from a reference under Section 113 of the Code of Civil Procedure, 1908, made by the learned Joint Civil Judge, Senior Division, ...

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Bombay High Court Dismisses Application for Abatement and Condonation of Delay in Second Appeal — No Sufficient Cause Shown for 5-Year Delay in Filing Application After Dismissal of Appeal for Default.

The case involves a civil application filed by Smt. Radhabai Vithal Waikar (the applicant) seeking to quash an order dated 1st March 2006 passed by th...

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Bombay High Court Dismisses Appeal Against Refusal to Revoke Probate — Consent to Probate Bars Subsequent Challenge to Will's Genuineness. Failure to Administer Estate Does Not Warrant Revocation of Probate; Remedy Lies in Removal of Executor.

The appeal arose from an order of a learned Single Judge of the Bombay High Court dismissing a Miscellaneous Petition for revocation of probate grante...