Search Results for "probate validity"

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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 Quashes Cancellation of Stall Licence Under APMC Act — Violation of Natural Justice. Joint Director's Order Set Aside for Lack of Notice and Hearing Before Cancellation of Licence Under Section 52B of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963.

24 Mar 2023

The petitioner, Ravindra Arvind Bande, filed two writ petitions under Article 227 of the Constitution of India challenging a common order dated 14 Jan...

High Court

Bombay High Court Grants Letters of Administration for Unattested Will of Sunni Muslim Testator — Section 63 of Indian Succession Act, 1925 Not Applicable to Muslims; Hanafi Law Does Not Require Attestation

10 Mar 2021

The case concerns an uncontested petition for Letters of Administration with Will annexed filed in 1990, which remained pending for 31 years. The test...

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 Allows Appeal Against Appointment of Administrator in Testamentary Case — Upholds Right of Son to Challenge Will on Ground of Undue Influence and Suspicious Circumstances. The court held that the propounder of a will must remove all suspicious circumstances, and the appointment of an administrator pendente lite under Section 247 of the Indian Succession Act, 1925, should not be made without considering the caveator's serious objections.

25 Apr 2019

The appeal arises from a testamentary dispute concerning the estate of Amardeep Singh Sujan Singh Chadha (the testator). The testator died on 5th Octo...

High Court

Bombay High Court Allows Second Appeal in Family Pension Dispute — Second Wife Entitled to Family Pension Under Maharashtra Civil Services (Pension) Rules, 1982 Despite Bigamous Marriage. Family Pension Cannot Be Bequeathed by Will as It Does Not Form Part of Deceased's Estate.

28 Feb 2019

The case involves a dispute over family pension following the death of Mahaling Ramchandra Patil, a primary teacher who died on 5 May 2001. He had mar...

High Court

Bombay High Court Grants Probate of Will in Testamentary Suit — Execution and Attestation Proved Despite Suspicious Circumstances. Handwriting Expert and Attesting Witness Evidence Accepted to Establish Validity of Will Under Section 63 of Indian Succession Act, 1925.

7 Apr 2016

The suit was filed by Vibhushit Trivedi, the sole surviving executor, seeking probate of the last Will and testament of Chhotalal Karunashankar Trived...

High Court

Bombay High Court Grants Probate of Will and Codicil in Favor of Executors Despite Caveat by Son — Execution and Attestation Proved Under Section 63 of Indian Succession Act, 1925. The court held that the Will and Codicil were duly executed and attested, and the caveator's allegations of undue influence and lack of testamentary capacity were not substantiated.

11 Jun 2014

The plaintiffs, being three of the executors named in the last Will and Testament dated 16th June, 1999 and a Codicil dated 23rd July, 2001 of Sorabji...

High Court

Bombay High Court Dismisses Probate Petition for Will Allegedly Procured by Undue Influence and Coercion. Will dated 28.04.1977 of Shakuntala Bhansali held not validly executed due to suspicious circumstances and lack of free volition.

31 Aug 2012

The plaintiff, Panna Atmaram Bhansali, one of the daughters of the deceased Shakuntala Mansen Damodardas Bhansali, filed a testamentary petition seeki...

High Court

Bombay High Court Allows Second Appeal in Will Dispute — Sets Aside Appellate Court's Judgment for Ignoring Will's Condition Precedent. Will Executed by Husband in Favour of Distant Nephew Held Invalid as It Was Enforced During Testator's Lifetime Despite Stipulation That It Would Take Effect Only After Death of Both Husband and Wife.

25 Jan 2011

The appellant, Shewantabai, was the wife of Vishwanath Bhagat, who died on 10.12.2001. She filed Regular Civil Suit No.258/2002 seeking declaration, m...

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