Search Results for "caveatable interest"

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Search Results for "caveatable interest"

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High Court

Bombay High Court Dismisses Petition to Discharge Caveat in Probate Proceedings — Legatee Under Prior Will Has Caveatable Interest. The Court held that a legatee under a prior Will has a caveatable interest and is entitled to oppose probate of a later Will, and that the testamentary suit challenging the later Will disclosed a cause of action.

25 Jul 2012

The case involves a dispute over the estate of Mr. Purvez Burjor Dalal, who died on 7 December 2011. The Petitioner, Manek Dara Sukhadwalla, filed a p...

High Court

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.

29 Nov 2024

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

High Court

High Court of Karnataka Dismisses Appeal Against Revocation of Probate — Will Execution Found Suspicious Due to Unnatural Circumstances and Lack of Proper Proof of Attestation Under Section 63 of Indian Succession Act, 1925. The court upheld the revocation of probate granted ex parte as the propounder failed to prove due execution and remove suspicious circumstances.

29 Nov 2024

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

High Court

Bombay High Court Allows Appeal in Probate Caveat Case — Real Brother Has Caveatable Interest as Creditor and Under Family Settlement. Section 284 of Indian Succession Act, 1925 interpreted to include persons with slight interest in estate.

26 Jul 2016

The case involves an appeal against an order of a learned single Judge of the Bombay High Court dismissing a caveat filed by the appellant, Purushotta...

High Court

Bombay High Court Dismisses Caveat in Testamentary Suit for Lack of Caveatable Interest. Held that a caveator must have a direct interest in the estate of the deceased, and a mere relationship or expectation of inheritance does not constitute such interest under Section 283 of the Indian Succession Act, 1925.

8 Jul 2014

The judgment pertains to a testamentary suit arising from the Will of late Bharat Ladharam Asarpota, who died allegedly leaving a Will dated 15 June 1...

High Court

Court Rejects Caveat in Probate Case Involving Family Property Dispute. Caveator's claim deemed contingent and insufficient to establish caveatable interest, clearing the way for Probate of Will.

4 Jul 2024

The petitioner seeks to reject a Caveat filed by Mr. Pramod Kumar Makharia in the matter of granting Probate for the Will of the deceased Dhruva Kumar...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Impleadment in Testamentary Suit — Appellants Fail to Establish Caveatable Interest. The Court held that mere purchasers of property from a legatee under a Will, prior to grant of probate, cannot claim a caveatable interest in the probate proceedings as they are neither heirs nor legal representatives of the deceased.

11 Sep 2015

The appeal arises from a judgment and order dated 10th June 2013 passed by a learned Single Judge of the Bombay High Court, dismissing Chamber Summons...

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 Karnataka Dismisses Writ Petition Challenging Rejection of Probate Application Under Section 276 of Indian Succession Act, 1925 — Non-Compliance with Court Directions Leads to Dismissal. Petitioners failed to produce original Will and other documents as directed by the District Judge, resulting in dismissal of probate petition.

19 Mar 2019

The petitioners, who are the legal heirs of the deceased B.M.Chandregowda, filed a petition under Section 276 of the Indian Succession Act, 1925, befo...

High Court

Revocation of Probate Not Maintainable on Grounds of Title Dispute. Bombay High Court

17 Mar 2026

The Bombay High Court held that a probate cannot be revoked on the ground that the testator lacked title to the bequeathed property. S...

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