Allowed

Sapna Ramesh Dhanwani v. Ramesh Menghraj Dhanwani Alias Ramesh Dhanwani

Bombay HC25 Sept 2024TP/1473/2024

Case brief

AI extract

What is this about?

Probate petition by the sole executrix named under the Will of the deceased, who died at Mumbai on 10.03.2017. Consent affidavits of the deceased's children, attesting witness affidavit and citation service affidavit were filed. Delay was explained and legal formalities complied with; probate was granted.

What did the court decide?

Petition for probate of the Will granted; office directed to issue probate after verifying absence of cross petition or caveat.

Sapna Ramesh Dhanwani vs Ramesh Menghraj Dhanwani… — 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 : 30^th September 2024.

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CALLED FOR COMPLIANCE:

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TP/1473/2024 [Original] (ECHCBM02067832023) with WILL/571/2024

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) Mr. Navin Prem Sachanandani, 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 Sapna ) Ramesh Dhanwani, being the Sole Executrix ) named under the Will of the deceased. ) Deceased Ramesh Menghraj Dhanwani alias ) ) Ramesh Dhanwani, said to have died at ) Mumbai on 10.03.2017. Copy of death ) certificate is annexed to the Petition. For ) identification proof of the deceased, copy of ) ) Passport is annexed to the Petition.

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) )

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) 2. Mr. Sachanandani, Advocate for the ) Petitioner submits that deceased left behind ) ) him last Will and Testament which was duly ) executed at Mumbai, on 21.06.2011. The said ) Will is in English language.

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

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Mr. Sachanandani, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted by that the parents of the deceased pre-deceased the deceased. The deceased had no other Son and Daughter. Save and except as mentioned in para – 8, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the delay if any in making the present petition is on account of the facts that petitioner is

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30.09.2024

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

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ignorant and unaware of obtaining any legal representation now the petitioner has been recently advice to obtain a legal representation hence this Hon'ble Court in the interest of justice may condone the delay. Thus, the delay is explained.

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Petitioner’s Oath is filed. Consent Affidavits of married daughter and son of the deceased as mentioned in para - 8 are on record. Affidavit of Jairam Jainani, one of the attesting witnesses 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.) /

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Addl. Prothonotary and Senior Master

Sapna Ramesh Dhanwani v. Ramesh Menghraj Dhanwani Alias Ramesh Dhanwani

Case brief

What is this about?

What did the court decide?

Sapna Ramesh Dhanwani v. Ramesh Menghraj Dhanwani Alias Ramesh Dhanwani

Case brief

What is this about?

What did the court decide?

What the court decided

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