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Bombay High Court Allows Probate Petition for Will Executed by NRI in Ecuador. Will executed abroad by Non-Resident Indian held valid under Section 63 of Indian Succession Act, 1925, and probate granted to executor in Mumbai.

The petitioner, Sarwan Kumar Jhabarmal Choudhary, filed a testamentary petition (L) No. 6300 of 2024 in the Bombay High Court seeking probate of the L...

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Bombay High Court Grants Temporary Injunction for Restoration of Possession in Suit for Specific Performance and Possession — Plaintiff Establishes Prima Facie Case and Balance of Convenience in His Favor.

The plaintiff filed an interim application seeking temporary injunction for restoration of possession of the suit premises during the pendency of the ...

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High Court of Karnataka Dismisses Writ Petition Challenging Bank's Refusal to Release Fixed Deposits Pending Civil Suit — Bank's Obligation to Act on Court Order Not on Private Letters

The petitioner, Rajesh Kumar Shetty, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka ...

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Bombay High Court Dismisses Probate Suit Challenging Will on Grounds of Suspicious Circumstances and Lack of Testamentary Capacity. Will dated 9th March 1981 held not duly executed and attested as required under Section 63 of the Indian Succession Act, 1925.

The case concerns a testamentary suit filed by Sulochana Dinanath Tarkar (since deceased, represented by her sons Sunil and Harish) seeking Letters of...

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Bombay High Court Dismisses Revocation Petition in Probate Case — Sisters of Predeceased Wife Not Heirs of Testator Under Indian Succession Act. Court holds that only kindred of the deceased, not kindred of the predeceased spouse, are entitled to citation in probate proceedings.

The case concerns a revocation petition filed by Angelina Pascoal Mendes and Philomena Pascoal Mendes (petitioners) seeking to revoke the grant of pro...

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Bombay High Court Allows Heirship Certificate Petition, Holds Limitation Act Not Applicable to Heirship Applications Under Bombay Regulation Act, 1827. Heirship Certificate is Formal Recognition of Heirs, Not Subject to Limitation or Physical Capacity Considerations.

The petitioner, Ganpati Vinayak Achwal, aged 85, applied for an heirship certificate under Rule 2 of the Bombay Regulation Act, 1827, in respect of hi...

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Bombay High Court Dismisses Application for Withdrawal of Suit by Legal Representatives in Property Dispute — Held That Executors of Deceased Plaintiff's Will Are Necessary Parties and Suit Cannot Be Withdrawn Without Their Consent

The case involves a Notice of Motion filed by H.H. Jyotiraditya Madhavrao Scindia and Smt. Madhavi Raje Madhavrao Scindia, who are legal representativ...