Disposed

Ariel Judah Abraham v. Solomon Corley Alias Bobby Corley Alias S. Corely Alias B. Corely Alias Solomon Bobby Corely

Bombay HC24 Sept 2013CST/74/2013

Case brief

AI extract

What is this about?

Court granted chamber summons restoring petition for dispensing with publication and fresh citation in a succession matter; directed office to issue probate expeditiously.

What did the court decide?

Chamber summons made absolute; petitioner to seek surety for remaining legal heirs within three weeks; office directed to issue probate expeditiously.

Ariel Judah Abraham Vs Solomon Corley Alias Bobby… — Succession and Inheritance | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY . TESTAMENTARY & INTESTATE JURISDICTION

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CHAMBER SUMMONS NO. 74 OF 2013 IN

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PETITION NO. 1080 OF 2008

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Solomon Corley alias Bobby Corley

Ariel Judah Abraham

… Deceased

… Petitioner

Mr. Nitin Raut for the petitioner.

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CORAM : R.D.DHANUKA J. DATED : SEPTEMBER 24, 2013.

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P.C.

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By this chamber summons, petitioner seeks restoration of the petition for dispensing with publication of public notice and fresh service of citation. The learned counsel for the petitioner submits that most of the objections were already removed when this petition came to be dismissed for non removal of office objections. All other office objections except requisitions made by the office are already removed. The first notice was issued on 6^th January, 2009. The Deputy Bailiff from the office of Sheriff of Mumbai has filed an affidavit on 21^st November, 2012 which is on record of this proceedings. It is submitted that the petitioner has privately served the copy of the petition upon heirs and legal representatives who are cited in para 10 of the petition.

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The learned counsel appearing for the petitioner submits that the legal heirs disclosed in para 10A, 10C and 10F, 10G(i) has filed consent

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affidavits giving no objection in favour of the petitioner for grant of probate. As far as other legal heirs i.e. described in Paragraph 10(B) and (D), 10(G) (ii)(iii) and (iv) are concerned, petitioner shall submit justifying surety within three weeks from today in the office. As far as legal heirs described in Para 10(e) is concerned, she expired on 8^th July, 2003 as spinster having no legal heir. Statement is accepted.

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For the reasons recorded in affidavit in support and after considering the submissions of the learned counsel for the petitioner, Chamber summons is made absolute in terms of prayer clauses (a), (b) and (c) and in terms of what is stated aforesaid. There shall be no order as to costs. Office is directed to issue probate expeditiously.

Ariel Judah Abraham v. Solomon Corley Alias Bobby Corley Alias S. Corely Alias B. Corely Alias Solomon Bobby Corely

Case brief

What is this about?

What did the court decide?

Ariel Judah Abraham v. Solomon Corley Alias Bobby Corley Alias S. Corely Alias B. Corely Alias Solomon Bobby Corely

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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