Search Results for "Section 276 Indian Succession Act"

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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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High Court of Karnataka Dismisses Appeal Against Revocation of Probate in Succession Case — Failure to Implead All Heirs Renders Probate Voidable Under Section 263 of Indian Succession Act, 1925.

The appellant, H Srinivas Rao, filed a Miscellaneous First Appeal under Section 384 of the Indian Succession Act, 1925, challenging the order dated 15...

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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.

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

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Supreme Court Dismisses Appeal Against Rejection of Plaint Rejection Application in Testamentary Case Under Section 228 of Indian Succession Act — Limitation Not Applicable to First Petition for Letters of Administration in India Despite Prior Foreign Probate

The Supreme Court dismissed an appeal against the High Court's refusal to reject a plaint under Order VII Rule 11 CPC in a testamentary case. The disp...

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Bombay High Court Allows Second Appeal in Family Pension Dispute — Second Wife Entitled to Family Pension Despite Bigamous Marriage. Family Pension Cannot Be Bequeathed by Will as It Is a Statutory Right Under Maharashtra Civil Services (Pension) Rules, 1982.

The case involves a dispute over family pension following the death of Mahaling Ramchandra Patil, a primary teacher who died on 5 May 2001. He had mar...

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Bombay High Court Upholds Validity of Section 28A(1) of Maharashtra Civil Courts Act, 1869 in Probate Reference. Section 28A(1) is not inconsistent with Indian Succession Act, 1925, and Civil Judges can be invested with probate jurisdiction.

This judgment arises from a reference under Section 113 of the Code of Civil Procedure, 1908, made by the learned Joint Civil Judge, Senior Division, ...

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Bombay High Court Holds Appeals Under Section 384 of Indian Succession Act Against Orders of Civil Judge, Senior Division Lie to District Court, Not High Court. The Court interpreted Section 384 strictly, limiting High Court's appellate jurisdiction to orders of District Judges only.

The Bombay High Court considered two appeals challenging orders passed by Civil Judges, Senior Division on applications under Section 372 of the India...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...