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Search Results for "testamentary proceedings"

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High Court

Bombay High Court Dismisses Probate Suit for Alleged Will of 1975 Due to Non-Prosecution and Failure to Prove Execution. The court held that the propounder must prove due execution and attestation under Section 63 of the Indian Succession Act, 1925, and failure to lead evidence results in dismissal.

10 Oct 2017

The suit was filed by the plaintiffs, who were great grandsons and other relatives of the deceased, seeking probate of an alleged Will dated 3rd Janua...

High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Dispel Doubts. Court holds that propounders must prove due execution and testamentary capacity beyond suspicion, and failure to examine attesting witnesses or explain unnatural bequests leads to rejection of probate.

22 Feb 2018

The judgment concerns two testamentary proceedings: a Miscellaneous Petition No. 39 of 2004 in Testamentary Petition No. 233 of 2004 and a Testamentar...

High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Prove Execution. Court finds that the Will and Codicil were not proved in accordance with Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872, due to lack of attesting witnesses and suspicious circumstances surrounding the documents.

22 Feb 2018

The judgment concerns two connected matters: a Miscellaneous Petition (No. 39 of 2004) and a Testamentary Suit (No. 4 of 2005), both relating to the e...

High Court

Bombay High Court Allows Appeal Against Appointment of Administrator in Testamentary Case — Upholds Right of Son to Challenge Will on Ground of Undue Influence and Suspicious Circumstances. The court held that the propounder of a will must remove all suspicious circumstances, and the appointment of an administrator pendente lite under Section 247 of the Indian Succession Act, 1925, should not be made without considering the caveator's serious objections.

25 Apr 2019

The appeal arises from a testamentary dispute concerning the estate of Amardeep Singh Sujan Singh Chadha (the testator). The testator died on 5th Octo...

High Court

Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Dispute — No Grounds for Revocation Under Section 263 of Indian Succession Act, 1925. Concealment of Material Facts Not Established; Court Had Jurisdiction as Deceased's Fixed Place of Abode Was in Mumbai.

5 Apr 2019

The petitioner, Kamal Prasad, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking revocation of Letters of Administration g...

Supreme Court

Supreme Court Allows Appeals in Testamentary Succession Dispute Over Estate of Purvez Burjor Dalal — Court-Monitored Criminal Investigation Quashed as Civil Court Lacks Inherent Power to Order Investigation Under Section 482 CrPC. The Court held that a civil court, in a testamentary proceeding under the Indian Succession Act, 1925, cannot direct a court-monitored criminal investigation, as such power is not available to a civil court under the Code of Criminal Procedure, 1973.

1 Jan 2026

The present appeals arise out of a common final judgment and order dated July 16, 2024, passed by the Division Bench of the High Court of Judicature a...

High Court

Bombay High Court Dismisses Appeal Against Probate Granted to Executors of Will — Will Proved in Manner Required by Section 63 of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872

8 Aug 2014

The appeal arose from a probate proceeding concerning the Will of Purvez Burjor Dalal, a Parsi who died on 7th December 2011. The appellant, Manek Dar...

High Court

Bombay High Court Dismisses Caveat in Probate Case Due to Lack of Interest — Caveator Not a Next of Kin and No Substantial Interest Shown

5 May 2011

The petitioners, Asha Shrichand Raheja and another, filed a probate petition in the Bombay High Court seeking probate of the last Will and Testament o...

Supreme Court

Supreme Court Transfers Partition Suit to Bombay High Court for Clubbing with Testamentary Proceeding — Primacy of Probate Court in Will Validity Issues. Transfer Ordered to Avoid Inconsistent Findings as Common Assets Exist Between Partition Suit and Testamentary Petition Under Indian Succession Act, 1925.

18 Jun 2020

The petitioners, Shamita Singha and Masoom Singha, are daughters of Late Pawan Kumar Singha from his first marriage. They sought transfer of a suit fo...

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...

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