Search Results for "legitimate heir"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "legitimate heir"

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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 Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

18 Jun 2024

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower appellate court's modification of preliminary decree granting 1/3rd share to plaintiff and 2/3rd share to defendant, rejecting appellant's claim of exclusive ownership based on oral partition.

6 Mar 2024

This regular second appeal was filed by the 1st defendant, Sri Janardhan S/o Shivappa Naik, challenging the judgment and decree dated 15.07.2006 passe...

High Court

Bombay High Court Allows Probate Petition for Will of Ajay Harpal Singh, Dismisses Caveat by Widow on Grounds of Lack of Bona Fide Interest and Abuse of Process. The court held that a caveat filed without a caveatable interest and with intent to delay proceedings is liable to be rejected under Section 283 of the Indian Succession Act, 1925.

7 Aug 2023

The case involves a probate petition filed by Dr. Harpal Singh, the father of the deceased Ajay Harpal Singh, seeking grant of probate of the last Wil...

Supreme Court

Supreme Court Quashes DNA Test Order in Property Dispute, Upholds Plaintiff's Right to Refuse Test. The court held that DNA test cannot be directed as a matter of routine, presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872 requires strong preponderance to rebut, and plaintiff's evidence including affidavits showing admission by defendants could suffice without DNA test.

1 Oct 2021

The dispute arose from a civil suit filed by the appellant, Ashok Kumar, seeking a declaration of ownership over property left by late Trilok Chand Gu...

High Court

Bombay High Court Dismisses Probate Petition in Will Dispute Due to Suspicious Circumstances and Failure to Prove Valid Execution. Will dated 21st March 1989 held not proved as the attesting witness failed to establish due execution and the propounder failed to dispel suspicious circumstances surrounding the Will.

13 Feb 2020

The suit was a challenge to a Will dated 21st March 1989 purportedly executed by late Tarapada Chatterjee, who died on 24th August 1990. The plaintiff...

High Court

Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

1 Mar 2019

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

Supreme Court

Supreme Court Dismisses Cooperative Society's Appeals Challenging Sale Deeds Executed in Favor of Members. Arbitrator under Delhi Cooperative Societies Act lacks jurisdiction to adjudicate validity of registered sale deeds, which can only be challenged before civil court.

30 Jan 2019

The Supreme Court dismissed the appeals filed by Delhi Dayalbagh Cooperative House Building Society Ltd. against the orders of the Delhi High Court, w...

High Court

Bombay High Court Allows Widows' Appeal in Partition Suit — Possession Referable to Maintenance Right Confers Full Ownership Under Section 14(1) of Hindu Succession Act, 1956. The court held that a Hindu widow in possession of property in lieu of maintenance acquires absolute title under Section 14(1), even if she was not a limited owner prior to the Act.

22 Mar 2017

The case involves two second appeals arising from a partition suit concerning ancestral properties. The original plaintiffs, Kisabai (widow of Ramu) a...

High Court

Bombay High Court Dismisses Petition of Second Wife Claiming Family Pension Under Maharashtra Civil Services (Pension) Rules, 1982. A Hindu marriage contracted during the subsistence of the first marriage is void, and the second wife is not entitled to family pension as a 'family' member under Rule 116(6)(a)(i) of the Maharashtra Civil Services (Pension) Rules, 1982.

26 Nov 2015

The petitioner, Smt. Chanda Hinglas Bharati, filed a writ petition challenging the order dated 24.6.2013 by which the respondents stopped releasing fa...

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