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Bombay High Court Dismisses Petition Challenging Order Requiring Proof of Will Under Section 68 of Evidence Act. Admission of Contents in Plaint Does Not Dispense with Examination of Attesting Witnesses for Proving Execution of Will.

The petitioner, original defendant No.1, challenged an order dated 12.9.2012 passed by the 6th Joint Civil Judge, Junior Division, Nashik, in a suit f...

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Bombay High Court Allows Appeal Setting Aside Probate Due to Suspicious Circumstances — Propounder Failed to Discharge Burden of Proof Under Section 63 of Indian Succession Act, 1925. The court found discrepancies in execution and the propounder's active role in making the will, which were not explained.

The appeal arose from a judgment of a Learned Single Judge granting probate of an alleged will of Ramchandra Marutirao Sawant. The testator died on 1 ...

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Bombay High Court Dismisses Probate Petition for Will Dated 1988 Due to Suspicious Circumstances and Failure to Prove Genuine Execution. Court holds that propounder must dispel all suspicions surrounding the will, including unnatural disposition and lack of independent evidence.

The case concerns a testamentary suit filed by Suresh Hemmady, the executor under the will of Mira R. Nadkarni, seeking probate of the will dated 15th...

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Bombay High Court Upholds Will Validity in Testamentary Suit — Letters of Administration Granted to Plaintiff. Court finds that the will dated 25th August 1994 was validly executed by the deceased testator and that the caveatrix failed to prove fraud, undue influence, or misrepresentation.

The case concerns a testamentary suit filed by the plaintiff, Charulata @ Renuka Haresh Lulla, seeking letters of administration with the will of the ...

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Bombay High Court Dismisses Second Appeal in Land Declaration Suit — Upholds Concurrent Findings of Lower Courts. Plaintiff Failed to Prove Ownership of Suit Land as Property Was Held Subject to Restraint on Impartibility and No Valid Will Was Established.

The appellant, Raosaheb Anand Shinde, filed a second appeal against the judgment and order of the Additional District Judge, Sangli dated 18.8.1989, w...

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Bombay High Court Dismisses Appeals in Property Dispute Involving Will and Gift Deed Validity. Court upholds trial court's finding that the gift deed was not vitiated by undue influence and that the will was validly executed.

The case involves two appeals filed by Nina Agarwalla against Ashok Gupta and others. The dispute pertains to the validity of a gift deed and a will e...

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Bombay High Court Dismisses Appeal in Will Execution Case — Upholds Trial Court's Finding of Suspicious Circumstances. Execution of Will Not Proved as Attesting Witnesses Not Examined and Propounder Failed to Dispel Suspicious Circumstances Under Section 63 of Indian Succession Act, 1925.

The appellant, Mr. Anthony Edward D'Aguiar, filed a First Appeal before the Bombay High Court against the judgment and decree dated 30th April 2012 pa...