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Supreme Court

Supreme Court Restores Revocation of Probate in Will Dispute — Testamentary Court Must Examine Execution and Suspicious Circumstances. High Court Erred in Limiting Testamentary Jurisdiction to Execution Only, Ignoring Non-Compliance with Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

21 Apr 2026

The present appeal arises from a dispute over the grant of probate of a Will dated 09.01.1976 allegedly executed by Eswaramurthy Gounder in favour of ...

High Court

High Court Dismisses Appeal in Testamentary Dispute Over Estate Administration Due to Unexplained Delay and Lack of Merit. Revocation of Probate and Letters of Administration Sought Decades After Grants, Alleging Forgery and Duress, But Court Finds Consent Via Caveat Withdrawal and Prejudice to Respondent Under Indian Succession Act, 1925.

6 Mar 2026

The appeal arose from a dispute over the estate of Narsingrao Pupala, involving his last will dated 7 March 1974, which appointed executors and bequea...

High Court

Bombay High Court Dismisses Appeal Against Substitution of Plaintiffs in Property Suit Based on Will. Substitution of Legal Representatives Under Order 22 Rule 3 CPC Does Not Change Nature of Suit Even If Claim Is Through a Will and Involves Transposition of a Defendant.

26 Aug 2024

The appeal arose from a property dispute among family members of Late Haji Israr Alam Siddiqui. The appellant, Mujibur Rehman, is one of the sons of t...

High Court

High Court of Karnataka Quashes Dismissal of Final Decree Petition for Default in Partition Suit. Final decree proceedings cannot be dismissed under Order IX Rule 8 CPC as they are a continuation of the suit and must be decided on merits.

28 Jun 2024

The petitioners, who were plaintiffs in a suit for partition and separate possession, obtained a preliminary decree. Subsequently, they filed a final ...

High Court

Bombay High Court Dismisses Landlord's Challenge to Amendment in Tenancy Declaratory Suit — Allows Impleadment of Legal Heirs and Alternative Plea Under Section 7(15)(d) of Maharashtra Rent Control Act. The Court held that the amendment did not introduce a new case and that the proposed defendants were necessary parties for effective adjudication of tenancy rights.

19 Jun 2024

The present Writ Petition was filed by the landlord (Petitioner No.1 - Club) challenging the order dated 1 August 2019 passed by the Court of Small Ca...

High Court

High Court of Karnataka considers appeal under Section 96 CPC against trial court's dismissal of suit for permanent injunction and grant of possession to defendants. Trial court held counterclaim for possession maintainable without separate declaration and that plaintiffs failed to prove lawful possession.

27 Jan 2020

The plaintiffs filed a suit for permanent injunction to restrain the defendants from alienating, demolishing, or dispossessing them from the suit sche...

High Court

Bombay High Court Dismisses Chamber Summons for Rejection of Plaint in Testamentary Suit — No Cause of Action for Revocation of Probate. Allegations of non-disclosure of assets and suppression of facts do not constitute fraud under Section 263 of the Indian Succession Act, 1925, and the plaint cannot be rejected under Order VII Rule 11 CPC.

3 Jul 2017

The case involves a Chamber Summons filed by the original defendants (Howard Miranda, Roy Miranda, Arlene Miranda, and Ginnette Fernandes) in a Testam...

High Court

Bombay High Court Grants Probate of Will in Favor of Executor Despite Allegations of Suspicious Circumstances. Will executed by testatrix with firm signature and solicitor-drafted formality upheld as valid under Section 63 of Indian Succession Act, 1925.

23 Jun 2016

The plaintiff, Chittaranjan N. Negandhi, sought probate of a Will dated 24th May 1973 left by his mother, Bhanumati Narottamdas Chapsi. Bhanumati died...

High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Dispute Over Agricultural Land and Family Arrangement. Court holds that a Civil Revision Application under Section 115 CPC is maintainable against an order refusing to amend written statement, and that amendment seeking to incorporate a family arrangement and counterclaim should be allowed to avoid multiplicity of proceedings.

30 Nov -0001

The petitioners, original defendants in a suit for declaration and permanent injunction, filed a Civil Revision Application under Section 115 of the C...

High Court

Bombay High Court Dismisses Application for Impleadment in Probate Suit for Will of Bal Keshav Thackeray — Applicants Lack Caveatable Interest as They Are Not Heirs or Beneficiaries Under the Will. The court held that only persons with a direct legal interest in the succession, such as heirs or beneficiaries, have locus standi to be impleaded in probate proceedings under Section 283 of the Indian Succession Act, 1925.

30 Nov -0001

The case concerns a Notice of Motion filed by five applicants seeking to be impleaded as defendants in a Testamentary Suit for probate of the last wil...

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