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High Court of Karnataka Allows Appeal Against Ex Parte Probate Order for Non-Joinder of Necessary Party and Lack of Citation. Order Set Aside for Violation of Natural Justice Under Section 299 of Indian Succession Act, 1925.

The appellant, S.P. Sreenivas Naik, filed an appeal under Section 299 of the Indian Succession Act, 1925, challenging the order dated 20.09.2016 passe...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

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Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Dispute — No Grounds for Revocation Under Section 263 of Indian Succession Act, 1925. Concealment of Material Facts Not Established; Court Had Jurisdiction as Deceased's Fixed Place of Abode Was in Mumbai.

The petitioner, Kamal Prasad, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking revocation of Letters of Administration g...

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Bombay High Court Dismisses Probate Suit as Attesting Witnesses Deny Testator's Presence During Execution. Will Not Proved in Solemn Form Due to Non-Compliance with Section 63(c) of Indian Succession Act, 1925.

The dispute concerned the estate of Sahadev Deraj Shah, who died on 5th January 1998. His second wife, Shobhana, and the executors propounded a Will d...

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Bombay High Court Allows Appeal Against Single Judge Order Requiring Separate Valuation and Court Fees for Joint Will Probate. Court Holds That a Joint Will Executed by Testator and Testatrix Constitutes a Single Subject for Probate, Attracting Single Court Fee Under Bombay Court Fees Act.

The appeal arose from an order of the Learned Single Judge dated 6 February 2013 in a Testamentary Petition for probate of a joint will executed by Ka...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to Treat Probate Proceedings as Suit. Section 295 of Indian Succession Act, 1925 does not mandate automatic conversion of contentious probate proceedings into a suit; District Judge's discretion upheld.

The petitioners, who were opponents in Civil Miscellaneous Application No. 102/03 filed by respondents 1 to 3 under Section 276 of the Indian Successi...