Search Results for "probate validity"

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Gujarat High Court Allows Petition in Tenancy Act Case — Violation of Natural Justice and Limitation. Deputy Collector's Suo Motu Revision After 8 Years Without Notice Set Aside.

The petitioners, Puranraj Ganpatraj Shah and others, filed a Special Civil Application before the Gujarat High Court challenging the orders of the Dep...

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Bombay High Court Dismisses Writ Petitions Challenging Arbitral Award in Share Dispute — No Grounds for Interference Under Section 34 of Arbitration Act. Court upholds award rejecting claim for specific performance of oral agreement to transfer shares, finding no valid contract and no limitation bar.

The petitioner, Vijay Shivram Pathare, filed two writ petitions under Article 226 of the Constitution of India challenging an arbitral award dated 30 ...

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Bombay High Court Allows Appointment of Sole Arbitrator in Will Dispute Between Surviving Heirs. Arbitration clause in last Will and testament of deceased father invoked for disputes over locker jewellery allegedly removed by respondent.

The applicant, Ashwin Maganlal Savani, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a S...

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Supreme Court Upholds High Court's Decree Granting Letters of Administration in Will Dispute. Will Proved in Accordance with Law, No Suspicious Circumstances Found Under Section 68 of Indian Evidence Act, 1872 and Section 63 of Indian Succession Act, 1925.

The case involves a dispute over the estate of E. Srinivasa Pillai, who died on 19th January 1978. The plaintiffs, C. Saradambal (widow of the testato...

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Bombay High Court Dismisses Probate Suit for Alleged Will of 1975 Due to Non-Prosecution and Failure to Prove Execution. The court held that the propounder must prove due execution and attestation under Section 63 of the Indian Succession Act, 1925, and failure to lead evidence results in dismissal.

The suit was filed by the plaintiffs, who were great grandsons and other relatives of the deceased, seeking probate of an alleged Will dated 3rd Janua...

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Bombay High Court Dismisses Probate Petition for Will Allegedly Executed Under Undue Influence and Suspicious Circumstances. Will dated 21st August 1997 of Vivien Theresa Vaz held not proved due to lack of testamentary capacity and failure to dispel suspicion regarding execution.

The case concerns a probate petition filed by Mirzban Darabshaw Surti, claiming to be the sole executor of the last Will and Testament of Vivien There...

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Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

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Bombay High Court Dismisses Application for Additional Evidence in Appeal Against Order Refusing Revocation of Administrator. Order XLI Rule 27 CPC requires strict proof of due diligence for admitting additional evidence at appellate stage.

The case involves a Chamber Summons taken out by Ferani Hotels Pvt. Ltd. (the appellant) under Order XLI, Rule 27 of the Code of Civil Procedure, 1908...