Search Results for "Section 180 Indian Succession Act"

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Search Results for "Section 180 Indian Succession Act"

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Supreme Court

Supreme Court Upholds Trial Court Dismissal in Property Succession Suit — Testator's Last Will Implicitly Disposed of Entire Estate, Triggering Doctrine of Election Under Section 180 of Indian Succession Act. High Court Erred in Not Finding Election; Legatee Who Took Benefit Under Will Could Not Also Claim Property Previously Settled on Him.

21 Mar 1969

The litigation concerned a property dispute within a family, stemming from a settlement deed executed in 1935 by one Uthupu Mani, who settled properti...

High Court

Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

22 Aug 2019

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

High Court

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.

10 Feb 2017

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...

High Court

Bombay High Court Grants Probate of Will in Favor of Executor/Son Despite Challenge by Daughter on Grounds of Forgery and Unnaturalness. Court holds that propounder proved due execution and attestation under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872, and that exclusion of natural heir was explained by prior gifts and strained relations.

30 Mar 2023

The present Testamentary Suit sought Probate in respect of a Writing dated 24th March 1997 (‘the said Will’), which the Plaintiff propounded as be...

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

29 Mar 2023

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

High Court

Bombay High Court Dismisses Son's Petition for Revocation of Probate Due to Unexplained Delay and Consent. Consent Affidavit Given by Son at Time of Grant Precludes Challenge After Seven Years Under Section 263 of Indian Succession Act, 1925.

17 Sep 2013

The petitioner, Raana Haripada Roy, son of the deceased Haripada Roy, filed a Miscellaneous Revocation Petition under the Testamentary and Intestate J...

High Court

Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

23 Aug 2013

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

High Court

High Court of Bombay Reconsiders Refusal to Grant Letters of Administration in Mother's Will Dispute. Single Judge Found Suspicious Circumstances; Division Bench Earlier Allowed Appeal but Supreme Court Remanded for Fresh Adjudication.

30 Dec 2025

This matter involves a testamentary suit where the appellant, Myra Philomena Collaco, sought Letters of Administration with the Will dated 7 July 1982...

High Court

High Court of Karnataka Allows Appeal in Partition Suit — Daughter's Claim for Share in Ancestral Property Upheld Despite Alleged Prior Partition. Court holds that a prior partition between brothers cannot defeat the right of a daughter who was not a party to it, and that the suit is not barred by limitation as the daughter's right to claim partition is a continuing right.

6 Feb 2015

The appeal arises from a judgment and decree dated 2.4.2011 passed by the XVIII Additional City Civil Judge, Bangalore, in O.S.No.4071/2002, decreeing...

Supreme Court

Supreme Court Upholds Relevance of Age Statement in Will Under Evidence Act Sections 32(5)&(6) and Admissibility of Secondary Evidence. Legal Principles on Will Execution and Burden of Proof Clarified; Endorsement on Birth Register Held Inadmissible Without Examination of Its Writer.

21 Nov 1967

The case concerned a Hindu male who executed a will three days before his death, bequeathing all his properties absolutely to his mother. In the will,...

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