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Search Results for "testamentary"

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High Court

Gujarat High Court Allows Second Appeal in Will Dispute — Sets Aside Appellate Judgment for Failure to Consider Evidence on Testamentary Capacity. The Court holds that the First Appellate Court failed to independently assess evidence regarding the testator's mental capacity and the validity of the Will, and remands the matter for fresh consideration.

6 Feb 2026

The present second appeal arises from a dispute concerning the validity of a Will dated 15.04.1986 executed by Reshiabhai, the grandfather of appellan...

Supreme Court

Supreme Court Upholds Gift Deed in Ancestral Property Dispute — Property Devised by Will Held Self-Acquired. Gift Deed Valid as Execution Not Specifically Denied, No Attesting Witness Required Under Section 68 of Indian Evidence Act, 1872.

4 Oct 2019

The present appeal arises from a second appeal before the Gujarat High Court concerning a gift deed executed by Chhotabhai Ashabhai Patel (donor) on N...

Supreme Court

Supreme Court Dismisses Appeal in Hindu Succession Case — Upholds Validity of Will Bequeathing Coparcenary Interest. Testator's undivided share in Mitakshara joint family property validly disposed by Will under Section 30 of Hindu Succession Act, 1956.

23 Jan 2019

The appeal arose from a judgment of the Karnataka High Court dismissing RFA No. 347/1998, which affirmed the trial court's decree but reversed the fin...

High Court

Bombay High Court Allows Appeal in Testamentary Succession Case — Thumb Impression on Will Valid Despite Testator's Medical Condition. Court Grants Probate to Adopted Daughter as Will Duly Executed Under Section 63 of Indian Succession Act, 1925.

30 Aug 2018

The case involves an appeal against the dismissal of a probate petition by the learned Single Judge. The appellant, Sonali Arvind Nadkarni, is the ado...

High Court

Bombay High Court Grants Probate of Will in Testamentary Suit Despite Caveat by Daughter Alleging Forgery and Undue Influence. The court held that the propounder proved due execution and attestation under Section 63 of the Indian Succession Act, 1925, and the caveator failed to establish any suspicious circumstances.

29 Oct 2013

The plaintiff, Nelson D'Souza, filed a petition for probate of the last Will and Testament of his father, Domnic D'Souza, who died leaving behind a wi...

High Court

Bombay High Court Allows Marking of Will in Testamentary Suit Despite Disputed Execution. Court holds that attesting witness's affidavit and oral evidence sufficiently prove due execution under Section 63 of the Indian Succession Act, 1925.

18 Oct 2013

The matter pertains to Testamentary Suit No. 46 of 1997 arising out of Testamentary Petition No. 308 of 1997 concerning the estate of Raju Muthaya She...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Probate Schedule by Prothonotary. Prothonotary has power to allow amendment of schedule of assets in probate proceedings under Section 317 of Indian Succession Act, 1925.

11 Oct 2013

The petitioners, Mukesh Ramanlal Gokal and Bharat Ramanlal Gokal, filed a petition under the Testamentary and Intestate Jurisdiction of the Bombay Hig...

High Court

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.

26 Jun 2013

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 ...

High Court

Bombay High Court Dismisses Notice of Motion to Set Aside Dismissal of Testamentary Suit — Remedy Lies in Appeal, Not Under Order 9 Rule 9 CPC. Suit Dismissed on Merits After Evidence Recorded, Not in Default.

19 Dec 2011

The plaintiff, Arvind Nathubhai Dattani, filed a testamentary suit seeking probate of an alleged will. The plaintiff's evidence was recorded on 16 Apr...

High Court

Bombay High Court Dismisses Application to Strike Out Amendment in Testamentary Suit — Verification by Constituted Attorney Held Valid for Full Grant. Section 241 of Indian Succession Act, 1925 applies only when attorney applies in own name, not when verifying on behalf of petitioner.

16 Jun 2005

The present chamber summons was taken out by the defendant to strike out an amendment carried out pursuant to an order of the appeal court dated 24.6....

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