Search Results for "probate validity"

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Search Results for "probate validity"

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Supreme Court

Supreme Court Restores Revocation of Probate in Will Dispute — Testamentary Court Must Examine Execution and Suspicious Circumstances. High Court Erred in Limiting Testamentary Jurisdiction to Execution Only, Ignoring Non-Compliance with Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

21 Apr 2026

The present appeal arises from a dispute over the grant of probate of a Will dated 09.01.1976 allegedly executed by Eswaramurthy Gounder in favour of ...

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...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application Under Order VII Rule 11 CPC in Suit for Specific Performance. Court Holds That Agreement to Sell Need Not Be Registered Under Maharashtra Stamp Act for Purposes of Order VII Rule 11 CPC, and That Questions of Limitation and Valuation Are Mixed Questions of Fact and Law Not Decided at Threshold.

28 Mar 2023

The petitioner, Vijay Shivram Pathare, filed a Civil Writ Petition under Article 227 of the Constitution of India challenging the order dated 8th Augu...

High Court

High Court of Karnataka Upholds Revocation of Probate in Succession Act Case Due to Suppression of Material Facts and Lack of Jurisdiction. Probate Granted Without Notice to Legal Heirs and Without Proper Verification of Will Execution is Liable to be Revoked Under Section 263 of Indian Succession Act, 1925.

3 Feb 2020

The appeal was filed by Jagjeevan Prasad against the judgment and order dated 09.02.2016 passed by the Principal District Judge, Kalaburagi, in Civil ...

High Court

Bombay High Court Reserved Judgment in Petition for Revocation of Probate Under Indian Succession Act — Allegations of Non-Service of Citation on Sole Heir. The Court Examined Whether Probate Obtained by Deceased's Sister as Executrix Without Notifying the Daughter, Alleged to Have Mild Mental Retardation, Was Liable to Be Set Aside Under Section 263 of the Indian Succession Act, 1925.

23 Oct 2018

The petitioner, daughter of the deceased, sought revocation of probate granted to her aunt (respondent no.1) under Section 263 of the Indian Successio...

High Court

Bombay High Court Dismisses Petition for Revocation of Probate in Testamentary Matter — No Caveat Filed, No Caveatable Interest Shown. Court holds that a person who has not filed a caveat and has no caveatable interest cannot seek revocation of probate under Section 263 of the Indian Succession Act, 1925.

14 Dec 2016

The case pertains to a petition for revocation of probate filed by Radhika Bhargava and others (petitioners) against Arjun Sahgal and others (responde...

High Court

High Court of Karnataka Quashes Trial Court Order in Succession Case for Lack of Jurisdiction to Reopen Probate Proceedings. Letters of Administration cannot be revoked under Section 263 of the Indian Succession Act, 1925 without a properly instituted petition and notice to all parties.

2 Sep 2014

The petitioner, Smt. Gajalakshmi, sought Letters of Administration in respect of the last will and testament of her paternal uncle, Radhakrishna Reddy...

High Court

Bombay High Court Revokes Probate for Non-Service of Citation on Legal Heir in Testamentary Succession Case. Failure to serve citation on a cousin who is a legal heir under the Indian Succession Act, 1925 amounts to fraud on court, warranting revocation of probate.

29 Apr 2014

The petitioner, Adil Phiroz Makhania, filed a Miscellaneous Petition seeking revocation of probate granted by the Bombay High Court in Testamentary Pe...

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

Bombay High Court Dismisses Appeal in Probate Case, Holding Injunction Not Maintainable in Testamentary Proceedings. Executor Must Seek Property Protection Before Civil Court, Not in Probate Petition Under Indian Succession Act, 1925.

29 Mar 2011

The appellant, Ramchandra Ganpatrao Hande, filed a testamentary petition seeking probate of a will allegedly executed by Sushila Vithalrao Hande on 2 ...

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