HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY & INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO. 29 OF 2014
IN
TESTAMENTARY PETITION NO. 701 OF 2003
WITH
NOTICE ... petitioner seeks revocation of the probate granted by this
court in testamentary and intestate petition No. 701 of 2003 by its order dated 24th
Author: Sunil Ambwani
Bench: Sunil Ambwani
JUDGMENT
Sunil Ambwani, J.
1. This Testamentary Suit was filed on 26.7.1988, as Testamentary Case ... caveator respondent has any interest or locus standi to oppose the testamentary proceedings in the light of the objections (counter affidavit filed
RAJIV SHAKDHER
RAJIV SHAKDHER, J.:
Preface: -
1. The captioned suits and the testamentary case are inter-related and
involve members of the family ... Arun Prasada, he instituted the third proceeding which is the testamentary
case no. 23/2014 [hereafter referred to as the "testamentary case
from filing her objections at
the relevant point in time in the testamentary action.
(ii) Since, the respondent along with his wife had sold half ... interest of the appellant in the
aforementioned property, had vitiated the testamentary action, as no notice
was issued to the appellant at the relevant point
Baidyanath Adhya and the application for grant of probate was
converted to Testamentary Suit No.21 of 1937. The said
Testamentary Suit was decreed ... challenging the consent decree dated April 6,
1950 passed in Testamentary Suit No.21 of 1937 and during the
pendency of the said suit
Andres D'Cunha.
4. In the schedule annexed to the said testamentary petition, the
executor included the land with building thereon known as Villa ... this Court
in favour of Joseph D'Cunha on 3.7.1980 in Testamentary Suit No. 851 of
1979 in respect of the Will dated
item in
Ext.A1) disclosed only a testamentary disposition to take effect after
the death of Chandapilla Eapen and Sosamma Eapen. After the death ... recitals in
Ext.A1 concerning the disputed item indicated only a testamentary
disposition and hence Sosamma Eapen was competent to transfer the
property
HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
TESTAMENTARY SUIT NO. 7 OF 2007
IN
TESTAMENTARY PETITION NO. 964 OF 2006
Manilal Sunderji ... wills and hence irrevocable. It may at once be mentioned that the
Testamentary Court would only have to consider whether the will is executed
filed by
Lodha being a contentious cause was converted into a Testamentary Suit (TS
No. 6 of 2004).
7. Tapuriah and Khaitan jointly filed ... application for being added as
parties to the Testamentary Suit being G.A. No. 1960 of 2005. This application
was opposed by Lodha.
8. Lodha
Rajalakshmi
2.Mrs.C.V.Gangabai
3.Mrs.Lilly Kumari ... Defendants
Prayer: Testamentary Original Suit filed under Sections 232 and 276 of
the Indian Succession ... Defendants : Mr.N.P.Jayakumar
Mr.P.V.Pachaiyappan
JUDGMENT
This testamentary original suit is filed by the son and two
grand sons
