Allowed

Mona Manubhai Shah v. Rameshchandra Chandulal Sheth (Deceased)

Bombay HC5 Aug 2024TP/1457/2024

Case brief

AI extract

What is this about?

Probate petition for the Will of a deceased executrix-nominee. Court noted death certificate, oath, renunciation by the co-executor, consent affidavits of heirs, and attesting witnesses' affidavits, found formalities complied with, granted the petition and directed the office to issue probate.

What did the court decide?

Probate granted as prayed; office to issue probate after verifying no cross petition or caveat is filed.

Mona Manubhai Shah vs Rameshchandra Chandulal… — Succession and Inheritance | Bombay HC (2024)

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ary

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Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master

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Date : 01^st October, 2024.

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CALLED FOR COMPLIANCE :

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TP/1457/2024 [Original] (ECHCBM02145472023)

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with WILL/562/2024

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) Ms. Shweta More i/b India Law Alliance, Advocate ) for the Petitioner. ) ) )

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)

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) P.C.: 1. Perused Petition which is filed online. ) Heard Ld. Advocate for the Petitioner. This ) Petition is for Probate of Last Will and ) Testament of the deceased filed by the ) ) Petitioner Mona Manubhai Shah, being one of ) the Executrix named under the Will of ) the deceased. Deceased Rameshchandra ) ) Chandulal Sheth, said to have died at Jaipur ) on 24.02.2022. Copy of death certificate is ) annexed to the Petition. For identification ) proof of the deceased, copy of Aadhar Card is ) annexed to the Petition.

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) ) )

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) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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Ms. More, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Jaipur on 14.06.2021. The said Will is in English language.

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Ms. More, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased the deceased. Save and except as mentioned in para – 8 and 9, there are no other legal heirs left by the deceased.

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Petitioner's Oath is filed. The other Executor, Jay Devendra Kumar Shah has relinquished and renounced his right by filing

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) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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Affidavit dated 05.07.2023. The Ld. Advocate for the Petitioner is permitted to correct the prayer clause mentioning the relinquishing and renouncing right of other Executor within three days from the date of uploading of the order. Consent Affidavits of wife, two sons and two daughter-in-law of the deceased as mentioned in para – 8 are on record. Affidavits of Harish Labhshankar Vyas and Milind Jitendra Shah, both the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. All other legal formalities are complied with. Hence, Petition is granted.

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Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

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Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master

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01.10.2024

Mona Manubhai Shah v. Rameshchandra Chandulal Sheth (Deceased)

Case brief

What is this about?

What did the court decide?

Mona Manubhai Shah v. Rameshchandra Chandulal Sheth (Deceased)

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

All orders in this case

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