31 Years Down, an Uncontested Will Is Probated in Bombay High Court
Moneylife Digital Team
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In an interesting case that was going on for almost 31 years, the Bombay High Court (HC) has allowed probate of a Will. What stands out from this judgement is the short but well explained research by justice GS Patel on the applicability of the Indian Succession Act to the Hanafi sect of Sunni Muslims residing in Mumbai. Further, the HC also issued time-bound directions to the concerned authorities for clearing pending dues of the property.
In his judgement on 10 March 2021, justice Patel says, The first oddity about the matter, and it is truly inexplicable, apart from being a tragic and terrible commentary on our justice delivery system, is that, though uncontested, the matter has been pending in this court for the last 31 years.
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31 Years After Plea, Bombay High Court Grants Probate Of Woman s Uncontested Will
Mumbai:
The Bombay High Court has granted probate for the execution of a dead woman s will, 31 years after a plea to execute the will was filed in court, calling it a tragic and terrible commentary on our justice delivery system .
Justice Gautam Patel on March 10 decided upon the testamentary petition filed by the woman s four children, two of whom had died while the plea remained pending in the High Court.
The other two petitioners are now in their 80s.
A copy of the order was made available on Sunday.
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