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High Court Removes Executor in Testamentary Dispute Under Indian Succession Act, 1925 -- Over Estate Administration Breach

The judgment involves a dispute over the administration of the estate of late Rajnikant Ambalal Kilachand, where the Respondent, under a Will dated 27...

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Supreme Court Dismisses Appeal Against Rejection of Plaint Rejection Application in Testamentary Case Under Section 228 of Indian Succession Act — Limitation Not Applicable to First Petition for Letters of Administration in India Despite Prior Foreign Probate

The Supreme Court dismissed an appeal against the High Court's refusal to reject a plaint under Order VII Rule 11 CPC in a testamentary case. The disp...

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Bombay High Court Grants Probate of Will in Testamentary Suit — Execution and Attestation Proved Despite Suspicious Circumstances. Handwriting Expert and Attesting Witness Evidence Accepted to Establish Validity of Will Under Section 63 of Indian Succession Act, 1925.

The suit was filed by Vibhushit Trivedi, the sole surviving executor, seeking probate of the last Will and testament of Chhotalal Karunashankar Trived...

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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 Grants Leave Under Clause XII of Letters Patent, 1865 for Partition Suit Involving Immovable Property Outside Jurisdiction. Part of Cause of Action Within Jurisdiction Sufficient to Confer Jurisdiction Over Entire Suit.

The plaintiff, Jaspal Sawhney, filed a petition seeking leave under Clause XII of the Letters Patent, 1865 to file a suit (L) No. 494 of 2014 against ...

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Bombay High Court Allows Motion to Strike Out Caveat Filed by Person Claiming Adverse Title in Probate Proceedings. Caveator Without Caveatable Interest Cannot Maintain Caveat Under Section 283 of Indian Succession Act, 1925.

The petitioner, Ashokkumar Krishnakumar Shukla, as sole executor named in the last Will and testament of Krishnakumar, filed a probate petition in the...

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Bombay High Court Dismisses Suit Challenging Will of Deceased as Probate Granted by Dubai Court is Conclusive Under Section 41 of Indian Evidence Act. Mother's challenge to will fails as foreign probate is binding on Indian courts regarding validity and execution of will.

The plaintiff, Dr. Devika Damji Shah, mother of the deceased Dr. Mukesh Ramji Shah, filed a suit seeking a declaration that the will of the deceased d...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title Over Disputed Property.

The appellant, Leelavati Baburao Chaudhari, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and dec...

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Bombay High Court Dismisses Interim Injunction Application in Specific Performance Suit — Plaintiff Fails to Establish Possession and Prima Facie Case. Balance of convenience favors defendant as property stands in defendant's name and no irreparable loss shown.

The present matter is an interim application in a suit for specific performance of an agreement to sell and for permanent injunction. The plaintiff, S...