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High Court

Bombay High Court Grants Interim Reliefs to Protect Estate of Deceased Testatrix in Administration Suit Pending Probate — Court Receiver Appointed for Inventory and Injunction Against Alienation of Flat. The court held that a suit for administration is maintainable even before grant of probate and that interim protection is necessary to prevent dissipation of assets under the Indian Succession Act, 1925.

23 Sep 2024

The suit was filed by Nina Anwar Merchant, the plaintiff, seeking administration of the estate of late Gulshan Rehman Meghani (testatrix) in accordanc...

High Court

Bombay High Court Dismisses Appeal in Probate Case for Non-Compliance with Section 281 of Indian Succession Act, 1925. Mandatory Verification by Attesting Witness Not Provided, Leading to Dismissal of Probate Petition.

10 Jan 2019

The appellant, Pralhad Ganpat Salgar, filed a Testamentary Suit No. 173 of 2017 seeking probate of a Will dated 07.04.2007 allegedly executed by the r...

High Court

Bombay High Court Dismisses Petition for Revocation of Probate in Testamentary Matter — No Caveat Filed, No Caveatable Interest Shown. Court holds that a person who has not filed a caveat and has no caveatable interest cannot seek revocation of probate under Section 263 of the Indian Succession Act, 1925.

14 Dec 2016

The case pertains to a petition for revocation of probate filed by Radhika Bhargava and others (petitioners) against Arjun Sahgal and others (responde...

High Court

Bombay High Court Dismisses Suit for Declaration of Ownership and Possession of Flat Based on Agreement for Sale — Plaintiff Failed to Prove Payment of Full Consideration and Possession, and Suit Barred by Limitation. Agreement for Sale Does Not Confer Ownership Without Registered Conveyance; Suit for Specific Performance Barred by Limitation Under Article 54 of Limitation Act, 1963.

24 Nov 2015

The Plaintiff, Niraj Wishwanath Kochhar, filed a suit in the Bombay High Court seeking a declaration of ownership and possession of a flat in Mumbai, ...

High Court

Bombay High Court Allows Appeal in Property Dispute Involving Will and Gift Deed Validity — Execution of Gift Deed by Minor and Subsequent Will Found Invalid Due to Lack of Testamentary Capacity and Undue Influence. The court held that a gift deed executed by a minor is void ab initio under the Portuguese Civil Code, and a will executed under undue influence is invalid.

11 Mar 2015

The case involves a property dispute in Goa concerning the estate of one Joao Fernandes. The appellant, Sqn. Ldr. A. P. Fernandes, challenged a gift d...

High Court

Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Dispute — Petitioner Not a Necessary Party as Property Not Part of Deceased's Estate. The court held that under Section 263 of the Indian Succession Act, 1925, revocation requires concealment of material facts or fraud, but since the property claimed was not owned by the deceased, the petitioner was not a necessary party.

24 Mar 2014

The case involves a petition filed under Section 263 of the Indian Succession Act, 1925, seeking revocation of letters of administration granted to th...

High Court

Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

23 Aug 2013

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

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 Dismisses Petition for Revocation of Letter of Administration in Succession Matter — No Grounds for Revocation Under Section 263 of Indian Succession Act, 1925. Court held that the petitioners failed to establish any fraud or concealment in obtaining the grant, and the grant was made after due inquiry.

30 Nov -0001

The judgment pertains to two miscellaneous petitions filed by the petitioners (Peter John D'Souza and others) seeking revocation of the Letter of Admi...

High Court

Bombay High Court Dismisses Appeals in Property Dispute Involving Will and Gift Deed Validity. Court upholds trial court's finding that the gift deed was not vitiated by undue influence and that the will was validly executed.

30 Nov -0001

The case involves two appeals filed by Nina Agarwalla against Ashok Gupta and others. The dispute pertains to the validity of a gift deed and a will e...

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