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Bombay High Court Revokes Probate for Non-Service of Citation on Legal Heir in Testamentary Succession Case. Failure to serve citation on a cousin who is a legal heir under the Indian Succession Act, 1925 amounts to fraud on court, warranting revocation of probate.

The petitioner, Adil Phiroz Makhania, filed a Miscellaneous Petition seeking revocation of probate granted by the Bombay High Court in Testamentary Pe...

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Bombay High Court Dismisses Second Appeal in Property Possession Suit — Concurrent Findings of Fact Not Disturbed. Court holds that no substantial question of law arises when both lower courts have concurrently found that the appellant failed to prove title or adverse possession over the suit property.

The appellant, Dilipkumar Bherumal Kucheriya, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment ...

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Supreme Court Allows Appeal in Will Dispute Case — High Court Erred in Interfering with Concurrent Findings of Fact. Will Execution Proved Under Section 63 of Indian Succession Act, 1925 and Section 65(c) of Indian Evidence Act, 1872.

The case involves a dispute over the validity of a Will dated 30.04.1980 executed by Chandu Ram in favor of his grandsons (sons of defendant No.5 Soha...

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Supreme Court Dismisses First Wife's Appeal for Family Pension Due to Settlement Deed and Nomination in Favor of Second Wife. Family Pension Entitlement Under Sikkim Services (Pension) Rules, 1990 Is Conditional on Nomination, Not Automatic for Multiple Wives.

The appellants, the first wife and her two children of the deceased Ram Chandra Nirola, challenged the denial of a succession certificate and family p...

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Bombay High Court Allows Second Appeal in Land Dispute Case, Restores Trial Court Decree of Injunction. Plaintiff's Possession Over 3 Acres of Land Purchased from Brother in 1969 Protected Against Claim by Subsequent Purchaser.

The plaintiff, Wasudeo s/o Jagoba Wabhitkar, filed Regular Civil Suit No.185 of 1979 before the Civil Judge, Junior Division, Warora, seeking an injun...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Regular Second Appeal under Section 100 CPC fails as no substantial question of law arises from concurrent findings of courts below regarding declaration of title and injunction.

The appellant, Maruti A/F Laxman Patil, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and...

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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings on Possession and Title. Court holds that plaintiff failed to prove title and possession over suit property, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

The appellant, Sri B.S. Lakshman, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decre...